HC dismisses Income Tax prosecution launched against D K Shivakumar

Income Tax Department Vs Sri D K Shivakumar (Karnataka High Court) The gist of the offence under section 276C(1) is the wilfull attempt to evade any tax, penalty or interest chargeable or imposable or under reports of the income. What is made punishable is “attempt to evade tax, penalty or interest” and not the “actual evasion of the tax”. The expression “attempt” is nowhere defined under the Act or IPC. In legal parlance, an “attempt” is understood to mean “an act or movement towards commission of a intended crime”. It is doing “something in the direction of commission o...