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    <title>2026 (7) TMI 1729 - BOMBAY HIGH COURT</title>
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    <description>Prosecution for wilful failure to furnish an income-tax return under Section 276CC is excluded where tax payable on regular assessment, after reducing advance tax and tax deducted at source, does not exceed the prescribed threshold. Tax deducted at source exceeded the assessed tax liability and a refund was payable, bringing the taxpayer within this statutory exception. The exception applied despite filing of the return after notice under Section 148 and after the criminal complaint was instituted. Continuing prosecution in those circumstances was unwarranted and amounted to abuse of process; the complaint was liable to be quashed.</description>
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      <description>Prosecution for wilful failure to furnish an income-tax return under Section 276CC is excluded where tax payable on regular assessment, after reducing advance tax and tax deducted at source, does not exceed the prescribed threshold. Tax deducted at source exceeded the assessed tax liability and a refund was payable, bringing the taxpayer within this statutory exception. The exception applied despite filing of the return after notice under Section 148 and after the criminal complaint was instituted. Continuing prosecution in those circumstances was unwarranted and amounted to abuse of process; the complaint was liable to be quashed.</description>
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