https://www.taxtmi.com/caselaws?id=8359 Failure to remit tax deducted from dividends before the Income-tax Act, 1961 came into force was not prosecutable under section 276(d) on the theory of a continuing offence. The default was complete when the amount was not paid within the time prescribed under the Income-tax Act, 1922 and the corresponding rules. The later enactment did not create a fresh continuing liability for a past completed offence, and a penal provision cannot be applied retrospectively to conduct already concluded under the repealed law. On that basis, prosecution under section 276(d) for the pre-1961 default was not maintainable, and the acquittal was upheld. en-us Wed, 17 Nov 1971 00:00:00 +0530 Fri, 10 Apr 2009 16:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=8359 Failure to remit tax deducted from dividends before the Income-tax Act, 1961 came into force was not prosecutable under section 276(d) on the theory of a continuing offence. The default was complete when the amount was not paid within the time prescribed under the Income-tax Act, 1922 and the corresponding rules. The later enactment did not create a fresh continuing liability for a past completed offence, and a penal provision cannot be applied retrospectively to conduct already concluded under the repealed law. On that basis, prosecution under section 276(d) for the pre-1961 default was not maintainable, and the acquittal was upheld. Case-Laws Income Tax Wed, 17 Nov 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=8359