2021 (7) TMI 418

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....GH COURT - HC (Judgement / Order / Decisions)<br>Dated:- 18-6-2021<br>Crl.O.P(MD)No.22216 of 2016 And Crl.M.P(MD)No.11500 of 2016 - -<br>Income Tax<br>THE HONOURABLE MR.JUSTICE B.PUGALENDHI For Petitioners : Ms.Lakhmi Gopinathan For Respondent : Ms.S.Srimathy, ORDER This Criminal Original Petition has been filed seeking to quash the proceedings pending against the petitioners in C.C.N....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....refore, the delay in remitting the TDS amount with the department is not intentional, but only due to financial constraints faced by the company. But the authorities without considering the same has filed the complaint as against the petitioners. The learned Counsel for the petitioners relied on the provisions of Section 278 AA of the Income Tax Act, 1961, which reads as follows: "Punishm....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e provisions under Section 278AA of the Income Tax Act, they shall have to satisfy the authority concerned with relevant materials that there was a reasonable cause for such failure for the belated payment of TDS amount and if any such reasonable cause is established before the authority concerned, who shall consider the same even after the institution of the proceedings under Section 279 (2) of t....