https://www.taxtmi.com/caselaws?id=765691 Karnataka HC dismissed petitions challenging prosecution under Section 276CC for delayed income tax return filing. The court held that payment of penalty for delayed filing does not exempt an assessee from criminal prosecution under Chapter 22 of the Income Tax Act. The court distinguished the C.P Yogeshwara case, noting it failed to consider the presumption under Section 278E. The petitioner must defend before the trial magistrate and rebut the statutory presumption. The court emphasized that delayed filing attracts both penalty and prosecution provisions separately under the Act. en-us Thu, 16 Jan 2025 00:00:00 +0530 Fri, 07 Feb 2025 08:38:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=765691 Karnataka HC dismissed petitions challenging prosecution under Section 276CC for delayed income tax return filing. The court held that payment of penalty for delayed filing does not exempt an assessee from criminal prosecution under Chapter 22 of the Income Tax Act. The court distinguished the C.P Yogeshwara case, noting it failed to consider the presumption under Section 278E. The petitioner must defend before the trial magistrate and rebut the statutory presumption. The court emphasized that delayed filing attracts both penalty and prosecution provisions separately under the Act. Case-Laws Income Tax Thu, 16 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=765691