2024 (9) TMI 974

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....SRI. C. UNNIKRISHNAN ( KOLLAM ) FOR THE RESPONDENT : BY ADVS. SRI.P.K.R.MENON,SR.COUNSEL, GOI ( TAXES ) SRI.JOSE JOSEPH, SC, FOR INCOME TAX SRI.RENJITH.T.R, SR.PP SRI.V.GANESAN ORDER The petitioners are accused Nos.1 to 4 in CC No.637/2014 on the file of Additional Chief Judicial Magistrate Court (Economic Offences) Ernakulam. It is a complaint filed against the petitioners by the Income Tax....

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....for the 1st and 2nd respondents. Therefore, this Court heard the learned Public Prosecutor. 4. The offence alleged in this case is under Section 276B of the Income Tax Act. It is submitted by the petitioners that, during the financial year 2010-11, which at the beginning of the operations of the petitioners Company, TDS were not deducted from the payment and remuneration effected during the 1st C....

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....red by or under the provision of Chapter XVII (B); or (b) the tax payable by him as required by or under, (i) sub sec (2) of Section 115 - O; or (ii) the second proviso to Section 194 B, He shall be punishable with rigorous imprisonment for a term which shall not be less than 3 months but which may extend to 7 years and with fine." 5. As per the above Section, if a person fails to pa....