https://www.taxtmi.com/caselaws?id=449254 Section 276C(2) of the Income-tax Act, 1961 requires a wilful attempt to evade payment of tax, penalty or interest, and penal liability cannot rest on mere delay or non-payment. The Bombay HC held that where the assessee had disclosed the income in the return and paid the self-assessment tax soon after service of the show-cause notice, followed by payment of interest, the facts did not show any conscious or positive act of evasion or the requisite mens rea. The prosecution was therefore not sustainable, and its continuation was treated as an abuse of process. en-us Mon, 05 Feb 2024 00:00:00 +0530 Sat, 25 Oct 2025 13:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449254 Section 276C(2) of the Income-tax Act, 1961 requires a wilful attempt to evade payment of tax, penalty or interest, and penal liability cannot rest on mere delay or non-payment. The Bombay HC held that where the assessee had disclosed the income in the return and paid the self-assessment tax soon after service of the show-cause notice, followed by payment of interest, the facts did not show any conscious or positive act of evasion or the requisite mens rea. The prosecution was therefore not sustainable, and its continuation was treated as an abuse of process. Case-Laws Income Tax Mon, 05 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449254