Prosecution for Late self-assessment tax Payment Not Maintainable Without Willful Evasion: Bombay HC

Vilas Babanrao Kalokhe Vs PCIT (Central) (Bombay High Court) Bombay HC order Whether non-payment of self-assessment tax along with return amounts to “willful evasion” so as to attract prosecution under Section 276C(2), or is merely a “failure” not covered by the penal provision The Bombay High Court, in the case of Vilas Babanrao Kalokhe Vs PCIT (Central), clarified the critical distinction between a mere “failure” to pay self-assessment tax and a “willful attempt to evade payment” of tax under Section 276C(2) of the Income-tax Act, 1961. The court held that non...