13 September 2011
One of Our Client Received the Notice of Prosecution Notice u/s 276B, due to failure of Remittance of TDS in time, can any body gives advice what reply I need to give to the Department? What are the consequences of this Notice?
13 September 2011
Sir,If notice u/s 276B has been issued, the prosecution is launched for non-payment of TDS deducted u/s 115-O to the credit of Central Government. The proper defence to this, is to explain the A.O. properly that there was a reasonable cause for the default / failure. If the A.O. finds it reasonable and genuine then he may waive the punishment.
Now what is genuine or proper cause, that depends on the cicumstances from case to case basis.
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