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    <title>Prosecution: Failure to file return of income and Fringe Benefit Tax. Discussion of provisions and recent Apex court&#039;s ruling and some suggestions to avoid unnecessary litigation in alleged crimes.</title>
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    <description>Prosecution for willful failure to file income tax and fringe benefit returns is available under criminal provisions, but for ordinary assessments prosecution is barred where the net tax on total income determined on regular assessment, after reducing advance tax and tax deducted at source, does not exceed a statutory monetary threshold and where return is filed within one year from the end of the assessment year. New search cases lack these exceptions. The exception should apply to tax finally determined after disposal of appeals; the threshold and deductible items should be broadened and prosecutions deferred or withdrawn while related proceedings are pending.</description>
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    <pubDate>Thu, 08 May 2008 00:00:00 +0530</pubDate>
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      <description>Prosecution for willful failure to file income tax and fringe benefit returns is available under criminal provisions, but for ordinary assessments prosecution is barred where the net tax on total income determined on regular assessment, after reducing advance tax and tax deducted at source, does not exceed a statutory monetary threshold and where return is filed within one year from the end of the assessment year. New search cases lack these exceptions. The exception should apply to tax finally determined after disposal of appeals; the threshold and deductible items should be broadened and prosecutions deferred or withdrawn while related proceedings are pending.</description>
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