https://www.taxtmi.com/caselaws?id=406841 The court quashed complaints alleging an offence under Section 276 C (2) of the Income Tax Act, determining that failure to pay income tax based on self-assessment constitutes an offence under "evade the payment of tax." The court interpreted the Explanation attached to Section 276 C, applying it to both sub-sections (1) and (2) and emphasizing that sub-section (2) covers cases of tax evasion post-assessment. Additionally, the court clarified that the presumption of culpable mental state under Section 278E does not apply when there is no concealment of income or inaccurate particulars, ultimately leading to the quashing of criminal liability and further proceedings. en-us Thu, 11 Feb 2021 00:00:00 +0530 Fri, 23 Apr 2021 11:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=406841 The court quashed complaints alleging an offence under Section 276 C (2) of the Income Tax Act, determining that failure to pay income tax based on self-assessment constitutes an offence under "evade the payment of tax." The court interpreted the Explanation attached to Section 276 C, applying it to both sub-sections (1) and (2) and emphasizing that sub-section (2) covers cases of tax evasion post-assessment. Additionally, the court clarified that the presumption of culpable mental state under Section 278E does not apply when there is no concealment of income or inaccurate particulars, ultimately leading to the quashing of criminal liability and further proceedings. Case-Laws Income Tax Thu, 11 Feb 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=406841