Specified development authority income receives retrospective tax exemption, subject to non-commercial activity, unchanged income sources, and return-...
Unified Brand India framework introduces voluntary Trust Mark certification and funding support for export branding, packaging and global promotional ...
Origin Declaration authentication governs preferential tariff claims under India-UK CETA, requiring a validated reference number before import clearan...
Separate assessment orders for different years remain valid when distinct notices and hearing opportunities prevent prejudice from combined proceeding...
Defined public benefit can retain charitable character; registration renewal requires examining genuine activities and legal compliance, not surplus a...
Capital reduction is distinct from share buy-back, preventing buy-back tax; restructuring interest and related business deductions also survive scruti...
Section 276C(2) requires a deliberate, intentional and conscious attempt to evade payment of tax, penalty or interest; mere delay or non-payment without mens rea does not meet the requirement of a wilful attempt. The notes state that a prosecution complaint must identify specific acts demonstrating such intent and cannot rest on vague assertions. Requests for time after business closure, periodic payments with interest, and full discharge of the admitted liability before process were treated as indicating bona fides rather than evasion. They further state that criminal process must reflect the Magistrate's application of mind to the material facts and statutory ingredients; the complaint and process order were quashed for failure to disclose a prima facie offence.
Section 276C(2) requires a deliberate, intentional and conscious attempt to evade payment of tax, penalty or interest; mere delay or non-payment without mens rea does not meet the requirement of a wilful attempt. The notes state that a prosecution complaint must identify specific acts demonstrating such intent and cannot rest on vague assertions. Requests for time after business closure, periodic payments with interest, and full discharge of the admitted liability before process were treated as indicating bona fides rather than evasion. They further state that criminal process must reflect the Magistrate's application of mind to the material facts and statutory ingredients; the complaint and process order were quashed for failure to disclose a prima facie offence.
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