Rajkumar Agarwal Vs Income Tax Department (Karnataka High Court)
Karnataka High Court held that delay in filing of income tax returns results into imposition of penalty and prosecution. Payment of penalty for delay in filing return doesn’t exonerate petitioner from being prosecuted.
Facts- The respondent had filed four separate private complaints under section 200 of Cr.P.C against the petitioner herein for offence punishable u/s. 276CC of Income Tax Act 1961, after obtaining necessary sanction orders from the Competent Authority to prosecute the petitioner for the aforesaid offence. Allegation against the petitioner is that, he had willfully failed to submit his income tax returns in time for the Assessment Years 2012-13 to 2015-16 and thereby committed the alleged offence.
The learned Magistrate, having taken cognizance of the alleged offence, had issued summons to the petitioner-accused. Being aggrieved by the same, the petitioner is before this court.
Conclusion- Held that it very clear that delay in filing of the income tax returns would not only result in payment of penalty, but it also results in prosecution as provided under Chapter 22 of the Act. Therefore, merely for the reason that petitioner has paid the penalty levied by the Competent Authority for the delay in filing of the returns, the same does not exonerate the petitioner from being prosecuted as provided under Chapter 22 of the Act of 1961.
