https://www.taxtmi.com/caselaws?id=12902 A prosecution complaint under section 276CC read with section 278B was not maintainable where the relevant assessment showed no tax payable and a refund was directed. Although the return for assessment year 1986-87 was filed belatedly, the appellate order assessed income at a negative figure, so the proviso to section 276CC concerning tax payable above the prescribed limit was not attracted. With no assessed tax liability, the foundation for prosecution was absent, and the complaint was liable to be quashed. en-us Mon, 21 May 2001 00:00:00 +0530 Fri, 22 May 2009 18:21:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=12902 A prosecution complaint under section 276CC read with section 278B was not maintainable where the relevant assessment showed no tax payable and a refund was directed. Although the return for assessment year 1986-87 was filed belatedly, the appellate order assessed income at a negative figure, so the proviso to section 276CC concerning tax payable above the prescribed limit was not attracted. With no assessed tax liability, the foundation for prosecution was absent, and the complaint was liable to be quashed. Case-Laws Income Tax Mon, 21 May 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=12902