Prosecution u/s 276b

YES as per  the case law of Rayala corporation pvt ltd vs ITO.

thanks Mr. Maulik.

But can u pls help me out on a case law which says no prosecution can be initiated without imposing penalty proceedings.

and secondly directly imposing prosecution is not fair. revenue's main concern should be to get compensated for the delay which is mainly through penalty proceedings. and after that if prosecution is made it is justified...

pls help