https://www.taxtmi.com/caselaws?id=15076 Criminal prosecution for failure to deduct tax at source cannot stand where the appellate tax authorities have removed the factual basis of the alleged default, making continued prosecution unjustified on the admitted facts. Before the Explanation inserted with effect from 1 June 1987, crediting interest to an "interest payable account" did not attract section 194A, because the provision then applied only on credit to the payee or actual payment. The Explanation operated prospectively, and retrospective use would create an impermissible ex post facto penal burden. The article states that, on these principles, proceedings under section 276B were unsustainable. en-us Fri, 12 Nov 1999 00:00:00 +0530 Thu, 30 Jul 2009 15:20:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=15076 Criminal prosecution for failure to deduct tax at source cannot stand where the appellate tax authorities have removed the factual basis of the alleged default, making continued prosecution unjustified on the admitted facts. Before the Explanation inserted with effect from 1 June 1987, crediting interest to an "interest payable account" did not attract section 194A, because the provision then applied only on credit to the payee or actual payment. The Explanation operated prospectively, and retrospective use would create an impermissible ex post facto penal burden. The article states that, on these principles, proceedings under section 276B were unsustainable. Case-Laws Income Tax Fri, 12 Nov 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=15076