https://www.taxtmi.com/caselaws?id=346138 Prosecution under section 276B for delayed deposit of tax deducted at source was held unsustainable where the assessee showed reasonable cause under section 278AA and later remitted the entire tax with interest. The delay had occurred due to an accountant's oversight, was noticed in audit, and was corrected promptly. The Court also relied on the CBDT instruction that prosecution should not normally be proposed where the default is not substantial and the amount has since been deposited. On these facts, continuation of the criminal proceeding was treated as harassment and abuse of process, and the cognizance order was quashed. en-us Wed, 02 Aug 2017 00:00:00 +0530 Tue, 26 Sep 2017 10:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=346138 Prosecution under section 276B for delayed deposit of tax deducted at source was held unsustainable where the assessee showed reasonable cause under section 278AA and later remitted the entire tax with interest. The delay had occurred due to an accountant's oversight, was noticed in audit, and was corrected promptly. The Court also relied on the CBDT instruction that prosecution should not normally be proposed where the default is not substantial and the amount has since been deposited. On these facts, continuation of the criminal proceeding was treated as harassment and abuse of process, and the cognizance order was quashed. Case-Laws Income Tax Wed, 02 Aug 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=346138