https://www.taxtmi.com/caselaws?id=409472 Criminal prosecution for alleged wilful attempt to evade self-assessment tax under Section 276C(2) was unsustainable where the accused were independent directors who had resigned before the complaint, a substantial part of the admitted liability had already been paid, and the balance was later discharged after GST refund adjustment. The Court distinguished wilful evasion from mere delay or default in payment, treated wilfulness and culpable mental state as essential ingredients, and found the material showed efforts to discharge the tax rather than a conscious attempt to evade it. Delayed payment could attract interest or penalty, but not criminal prosecution; the complaint and summons were quashed. en-us Tue, 06 Jul 2021 00:00:00 +0530 Fri, 22 Oct 2021 16:18:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=409472 Criminal prosecution for alleged wilful attempt to evade self-assessment tax under Section 276C(2) was unsustainable where the accused were independent directors who had resigned before the complaint, a substantial part of the admitted liability had already been paid, and the balance was later discharged after GST refund adjustment. The Court distinguished wilful evasion from mere delay or default in payment, treated wilfulness and culpable mental state as essential ingredients, and found the material showed efforts to discharge the tax rather than a conscious attempt to evade it. Delayed payment could attract interest or penalty, but not criminal prosecution; the complaint and summons were quashed. Case-Laws Income Tax Tue, 06 Jul 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=409472