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Introducing the “In Favour Of” filter in Case Laws.
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of HC upholds conviction of the Respondent for charge under s.276B IT Act for failing to deposit TDS deducted during FY 2012-13, the trial court (ACMM) having found delays of 4-15 months proved by documentary evidence and not disputed. The court rejects the Respondent's s.278AA defence for reasonable cause, observing the onus to prove financial incapacity was not discharged: no corroborative witnesses or financial records were produced and a bare assertion in the s.313 statement was insufficient. The HC sets aside the ASJ's contrary order, affirms guilt, but modifies sentence - replacing the fine of Rs.25 lakh with admonition given deposit of tax with interest and ongoing liquidation.
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