https://www.taxtmi.com/caselaws?id=448828 Prosecution for tax evasion under Section 276C(2) of the Income-tax Act could not be sustained where the assessee had disclosed the income and self-assessed tax liability in the return and later paid the tax with interest before the prosecution notice. The court held that criminal liability requires a wilful attempt to evade tax, and mere belated remittance, without suppression, false entries, or other conduct indicating an intention to defeat recovery, does not amount to evasion. On those admitted facts, the requisite criminal intent was absent, so the complaint and consequential criminal proceedings were liable to be quashed. en-us Mon, 22 Jan 2024 00:00:00 +0530 Thu, 06 Feb 2025 13:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=448828 Prosecution for tax evasion under Section 276C(2) of the Income-tax Act could not be sustained where the assessee had disclosed the income and self-assessed tax liability in the return and later paid the tax with interest before the prosecution notice. The court held that criminal liability requires a wilful attempt to evade tax, and mere belated remittance, without suppression, false entries, or other conduct indicating an intention to defeat recovery, does not amount to evasion. On those admitted facts, the requisite criminal intent was absent, so the complaint and consequential criminal proceedings were liable to be quashed. Case-Laws Income Tax Mon, 22 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=448828