HC Quashes section 276C(2) Prosecution as Tax dues were subsequently paid

Bejan Singh Eye Hospital Pvt. Ltd. Vs Income Tax Department (Madras High Court) It is not in dispute that the first petitioner is an assessee under Income Tax Act and the petitioners 2 and 3 are its Managing Director and Director respectively. The issue concerns the financial year 2011-2012 to 2014-2015. It is not in dispute that the petitioners had filed their income tax return in time admitting their liability. But then the tax was not remitted in time. There was delay. The question that arises for my consideration is whether this will amount a wilful evasion attracting the aforesaid penal p...