Initiation of prosecution u/s. 276B unjustified as TDS amount already paid with interest: Kerala HC

August Cinema (India) Pvt Ltd Vs ITO (TDS) (Kerala High Court)

Kerala High Court held that TDS never deducted and entire amount of TDS was paid along with penal interest hence initiation of prosecution under section 276B of the Income Tax Act unjustified. Accordingly, all the proceedings quashed.

Facts- The petitioners are accused Nos.1 to 4 in CC No.637/2014 on the file of Additional Chief Judicial Magistrate Court (Economic Offences) Ernakulam. It is a complaint filed against the petitioners by the Income Tax Officer (TDS), alleging offence u/s. 276B of th

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