Case Law Details
Manav Menon Vs DCIT (Madras High Court)
Madras High Court held that initiation of prosecution for the offence punishable u/s. 276CC of the Income Tax Act cannot be sustained as proviso to section 276CC grants relief to assessee when tax payable determined by regular assessment, as reduced by advance tax paid and TDS, does not exceed Rs.3,000/-.
Facts-
The respondent filed complaint for the offence punishable u/s. 276CC of the Income Tax Act for non filing of income tax return for the assessment year 2013-2014. The crux of the complaint is that the accused is an assessee within the jurisdiction of the respondent. During the course of proceedings for assessment, the respondent detected that the petitioner failed to file his return of income for A.Y. 2013-2014. As per Section 139(1) of Income Tax Act, the petitioner ought to have filed return of income on or before 30.09.2013.
Therefore, the petitioner was issued show cause notice dated 27.04.20 16 to show cause cause why the proceedings u/s. 276CC of Income Tax Act should not be initiated for his wilful failure to file the return of income. On receipt of the same, the petitioner did not send any reply. Therefore, the petitioner is liable to be prosecuted for the offence u/s. 276CC of the Income Tax Act. Hence, the complaint.
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