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    Customs investigation deposit refunds remain available when departmental records verify payment and the underlying duty demand is set aside.
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      Prosecution proceedings u/s 279(1) - TDS not deposited in the...

      Supreme Court Affirms Prosecution for Non-Compliance with TDS Deposit u/s 279(1); High Court Decision Upheld.

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      Income TaxJune 18, 2022Case LawsSCH
      Prosecution proceedings u/s 279(1) - TDS not deposited in the government treasury within the prescribed statutory time - once there was a non-deposit, the necessary consequences shall follow including the prosecution. - when the petitioner(s) approached the High Court to set aside the sanction order under Article 226 of the Constitution of India by the time the learned Magistrate had already taken the cognizance and issued summons to the petitioner(s). Therefore, the High Court was justified in observing that the Company and the person in charge are required to face the trial. We are in complete agreement with the view taken by the High Court. - SC

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      ActsIncome Tax