https://www.taxtmi.com/caselaws?id=419045 Delayed credit of TDS, where bank records showed timely initiation of payment and interest for the short delay had been paid, did not justify prosecution under Sections 276B and 278B of the Income-tax Act on the facts presented. Liability of a company officer under Section 278B also could not be sustained without clear averments that he was in charge of and responsible for the company's business at the relevant time. As the complaint failed to properly disclose that role and the Section 202 CrPC inquiry requirement was not duly followed for the out-of-jurisdiction accused, cognizance against the second petitioner was held unsustainable, and the criminal proceeding was quashed in inherent jurisdiction. en-us Mon, 14 Feb 2022 00:00:00 +0530 Wed, 02 Mar 2022 08:36:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=419045 Delayed credit of TDS, where bank records showed timely initiation of payment and interest for the short delay had been paid, did not justify prosecution under Sections 276B and 278B of the Income-tax Act on the facts presented. Liability of a company officer under Section 278B also could not be sustained without clear averments that he was in charge of and responsible for the company's business at the relevant time. As the complaint failed to properly disclose that role and the Section 202 CrPC inquiry requirement was not duly followed for the out-of-jurisdiction accused, cognizance against the second petitioner was held unsustainable, and the criminal proceeding was quashed in inherent jurisdiction. Case-Laws Income Tax Mon, 14 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=419045