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    <title>2017 (1) TMI 848 - KARNATAKA HIGH COURT</title>
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    <description>Prosecution under section 276CC of the Income-tax Act was held unsustainable where the assessee had filed the return belatedly before sanction, and the return had been accepted and assessed. The court treated the case as materially different from one of total failure to furnish a return, because section 276CC targets non-filing within the prescribed time. Since the factual premise for prosecution was that no return had been filed, but the return in fact existed before sanction and the assessment proceeded on that basis, the criminal proceedings were quashed.</description>
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      <description>Prosecution under section 276CC of the Income-tax Act was held unsustainable where the assessee had filed the return belatedly before sanction, and the return had been accepted and assessed. The court treated the case as materially different from one of total failure to furnish a return, because section 276CC targets non-filing within the prescribed time. Since the factual premise for prosecution was that no return had been filed, but the return in fact existed before sanction and the assessment proceeded on that basis, the criminal proceedings were quashed.</description>
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