https://www.taxtmi.com/caselaws?id=430312 Continuation of prosecution for non-payment of self-assessment tax was held unsustainable where the return disclosed the admitted liability, there was no allegation of concealment or false declaration, and the tax with interest was paid after notice. Section 276C(2) of the Income-tax Act, 1961 requires a wilful attempt to evade payment of tax, supported by mens rea and some positive dishonest act. Mere delayed payment, without material showing deliberate evasion, does not satisfy the statutory ingredients. The proceedings were therefore liable to be quashed in exercise of inherent powers. en-us Fri, 04 Nov 2022 00:00:00 +0530 Wed, 16 Nov 2022 08:59:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=430312 Continuation of prosecution for non-payment of self-assessment tax was held unsustainable where the return disclosed the admitted liability, there was no allegation of concealment or false declaration, and the tax with interest was paid after notice. Section 276C(2) of the Income-tax Act, 1961 requires a wilful attempt to evade payment of tax, supported by mens rea and some positive dishonest act. Mere delayed payment, without material showing deliberate evasion, does not satisfy the statutory ingredients. The proceedings were therefore liable to be quashed in exercise of inherent powers. Case-Laws Income Tax Fri, 04 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=430312