https://www.taxtmi.com/caselaws?id=368169 Failure to file a return within the prescribed time under Section 139(1), or to comply with a valid notice under Sections 142(1) or 148, is treated as the statutory breach attracting prosecution under Section 276CC. The pendency of assessment proceedings does not, by itself, bar criminal proceedings, and a claim that tax was refundable does not negate the earlier default. A later notice under Section 142(1) cannot be read as superseding an earlier notice so as to create an indefinite period for compliance. On this reasoning, prosecution was maintained for the later assessment years, and the discharge based on the later notice was held to be erroneous. en-us Fri, 14 Sep 2018 00:00:00 +0530 Wed, 03 Oct 2018 08:22:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=368169 Failure to file a return within the prescribed time under Section 139(1), or to comply with a valid notice under Sections 142(1) or 148, is treated as the statutory breach attracting prosecution under Section 276CC. The pendency of assessment proceedings does not, by itself, bar criminal proceedings, and a claim that tax was refundable does not negate the earlier default. A later notice under Section 142(1) cannot be read as superseding an earlier notice so as to create an indefinite period for compliance. On this reasoning, prosecution was maintained for the later assessment years, and the discharge based on the later notice was held to be erroneous. Case-Laws Income Tax Fri, 14 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=368169