Case Law Details
Ruben Jeyasankari Vs Chief Commissioner of Income Tax (Madras High Court)
Madras High Court recently passed a judgment in the case of Ruben Jeyasankari Vs Chief Commissioner of Income Tax-4. The petitioner sought compounding of an offence under Section 276CC of the Income Tax Act, 1961, related to the non-filing of returns.
The petitioner filed the compounding application on 31.10.2022, urging swift consideration and disposal. However, the senior standing counsel, R.S.Balaji, opposed, citing guidelines from the Central Board of Direct Taxes and referring to a Delhi High Court judgment.
The Court examined Section 279(2) of the Income Tax Act, which allows compounding either before or after the institution of proceedings. Despite guidelines and references, the Court clarified that the statute doesn’t bar consideration of the compounding application for offences under Chapter XXII.
Expressing no opinion on the merits, the Court directed the 1st respondent to expeditiously consider and dispose of the compounding application, ideally within two months from the date of the order.
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