can anybody pls help me to know whether prosecution u/s 276B be made without initiating any penalty proceedings for the same for late deposit of TDS.
Riddhi Jain (Chartered Accountant) (120 Points)
14 December 2011can anybody pls help me to know whether prosecution u/s 276B be made without initiating any penalty proceedings for the same for late deposit of TDS.
CA Maulik Rachh
(-)
(114 Points)
Replied 14 December 2011
YES as per the case law of Rayala corporation pvt ltd vs ITO.
Riddhi Jain
(Chartered Accountant)
(120 Points)
Replied 14 December 2011
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
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