https://www.taxtmi.com/caselaws?id=757231 Prosecution under section 276B for delayed remittance of tax deducted at source was held unsustainable where the tax had already been deposited with interest, and CBDT instructions indicated that prosecution should ordinarily not be launched in such circumstances. The Court treated the provision as targeting failure to pay, not mere delay after payment. Directors also could not be proceeded against under section 278B because no prior order had determined them to be principal officers, and the complaints lacked averments of consent, connivance or neglect. Vicarious liability was held not to arise automatically from directorship, and the criminal process was quashed. en-us Mon, 12 Aug 2024 00:00:00 +0530 Mon, 03 Mar 2025 16:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757231 Prosecution under section 276B for delayed remittance of tax deducted at source was held unsustainable where the tax had already been deposited with interest, and CBDT instructions indicated that prosecution should ordinarily not be launched in such circumstances. The Court treated the provision as targeting failure to pay, not mere delay after payment. Directors also could not be proceeded against under section 278B because no prior order had determined them to be principal officers, and the complaints lacked averments of consent, connivance or neglect. Vicarious liability was held not to arise automatically from directorship, and the criminal process was quashed. Case-Laws Income Tax Mon, 12 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757231