Dear All,
Whether prosecution proceedings u/s 276C(2) of the I T Act, can be applied to an assessee who filed to pay Advance Tax u/s 210 either fully or partly and who has paid to the tax under Self Assessment
3 Replies
Sumeet
(CA)
(537 Points)
Replied 11 April 2017
Prosecution Proceedings u/s 276C(2) is for only those Assesee who willfully tries to evade tax payments by any means.Mere failure to pay Advance Tax will not attract 276c(2). Since in your case Self Assessement Tax has been paid, it is clear that there is no intention of evasion of tax. Therefore only Interest u/s 234B & 234C will be levied for non payment of Advance Tax at the time of payment of Self Assessement tax.
Anumanchipalli Sathikonda
(Tax Consultant)
(1559 Points)
Replied 13 April 2017
Dear Mahavishnu
Advance Tax is not a determined tax liability. Sb-section (2) of Section 276C is speaking of determined taxes. You can have benefit of the decisions of the following cases.
G.Viswanathan Vs. Income-tax Officer, A-ward [1987] 167 ITR 103 (Ker)
The above case is followed in the following two cases.
Vinaychandra Chandulal Shah Vs. State of Gujarat and Another [1995] 213 ITR 307 and
Vinodchandra C. Patel Vs. State of Gujarat [2002] 253 ITR 289
Best Wishes
SathikondaA
mahavishnu
(Proprietor)
(107 Points)
Replied 13 April 2017
Thanks Mr. Sumeet and Mr. Sathikonda for your valuable information
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