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Section 276B criminalizes failure to deduct tax at source (TDS) as required under Chapter XVII-B or pay tax u/s 115-O or second proviso to Section 194B. The accused made various payments without deducting TDS. However, if no TDS was deductible, Section 276B is inapplicable. Since the accused paid the entire amount with penal interest, continuing prosecution is unnecessary. The High Court allowed the case, quashing further proceedings against the accused before the Magistrate's Court for economic offenses.
Section 276B criminalizes failure to deduct tax at source (TDS) as required under Chapter XVII-B or pay tax u/s 115-O or second proviso to Section 194B. The accused made various payments without deducting TDS. However, if no TDS was deductible, Section 276B is inapplicable. Since the accused paid the entire amount with penal interest, continuing prosecution is unnecessary. The High Court allowed the case, quashing further proceedings against the accused before the Magistrate's Court for economic offenses.
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