Search Results for "Section 278B"

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Search Results for "Section 278B"

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High Court

High Court of Karnataka Sets Aside Discharge of Managing Director in TDS Non-Remittance Case — Prima Facie Case Made Out Under Section 276B of Income Tax Act, 1961. The Court held that the Trial Court erred in discharging the accused without considering the complaint allegations and documents showing his role as principal officer.

3 Feb 2025

The Income Tax Department filed a complaint under Section 200 of Cr.P.C. alleging that accused No.1 (Company) and other accused, including the respond...

High Court

Bombay High Court Quashes Prosecution of Directors for Delayed TDS Deposit Under Section 276B Income Tax Act — Delay Not Equivalent to Failure to Pay. Vicarious Liability Requires Specific Averments of Being In-Charge and Responsible; No Notice Under Section 2(35) or Order Under Section 201(1) Passed.

12 Aug 2024

The petitioners, directors of M/s. Hubtown Ltd., challenged the issuance of process against them under Section 276B r/w 278B of the Income Tax Act, 19...

High Court

Bombay High Court Quashes Criminal Proceedings Against Nominee Director in TDS Default Case — Lack of Specific Allegations and Mechanical Issuance of Process. Petitioner, an independent non-executive nominee director, was not the principal officer responsible for TDS deduction under Section 2(35) of the Income Tax Act, 1961, and the complaint failed to aver his role in the offence under Section 276-B read with Section 278-B.

20 Dec 2023

The petitioner, Anish Modi, was an independent non-executive nominee director of S. Kumar Nationwide Limited from 27 June 2007 to 12 November 2011. Fo...

High Court

Bombay High Court Allows Compounding Application for TDS Default Despite Delay in Filing, Directs Reconsideration of Compounding Fees. Petitioners deposited TDS belatedly but before show cause notice; court held that compounding application cannot be rejected solely on ground of delay in filing where no prosecution was pending.

18 Jul 2023

The petitioners, Sofitel Realty LLP and its partners, filed a writ petition challenging the rejection of their compounding application for offences un...

High Court

Bombay High Court Quashes Clarification in Direct Tax Vivad se Vishwas Act, 2020 — Circular No.21/2020 Held Ultra Vires. The clarification requiring withdrawal of appeal as a condition for filing declaration under the Act was struck down as arbitrary and violative of Article 14.

25 Mar 2021

The petitioner, Macrotech Developers Limited, a public limited company engaged in real estate, filed a writ petition under Article 226 challenging a c...

High Court

Bombay High Court Quashes Income Tax Prosecution Due to Non-Recovery of Tax Demand. Death of Principal Accused and Dissolution of Firm Render Prosecution Under Sections 276C and 277 of Income Tax Act, 1961 Unsustainable.

11 Feb 2010

The applicants filed two criminal applications under Section 482 of the Criminal Procedure Code, 1973, seeking quashing of RCC No.194/2004 and RCC No....

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