Conviction for an offense does not mean that application for compounding of offense is not maintainable

Relevant Extract of the Judgment 3. The abovesaid order was passed under Section 279 (2) of the Income Tax Act, 1961 (hereinafter, referred to as ‘the Act’), whereby the Chief Commissioner of Income Tax TDS has rejected the petitioner’s Application for compounding the offence committed by the petitioner under Section 276 B (at 5% per month for the period of default) and under Section 276 B read with Section 278 B (at 10% of the main offence) of the Act, for the assessment year 1983-84. 4. From the statement of facts, which is appended as Annexure-A to the impugned order, the ...