Prosecution u/s 276B is not controlled either by section 201(1A) or section 221

Onora Hospitality Pvt. Ltd. Vs ACIT (Karnataka High Court) The issue under consideration is whether the prosecution of the petitioners for the offence punishable under section 276B of the Income Tax Act could be sustained without determination of the liability of the petitioners under section 201 of the Act? In the given case, it was detected that accused company had deducted tax at source but had failed to remit the same to the Central Government account as per the provisions of Chapter XVII-B of the Act. Hence the Commissioner of Income Tax (TDS) after giving sufficient opportunity to the ac...