Prosecution u/s 276b
This query is : Resolved
06 August 2013
dear experts,
i'm in receipt of notice of prosecution u/s 276B for late depositing of TDS INTO CENTRAL GOVT. A/C
amount of tds : Rs. 31,764
dealy : 12 months
i also have resonable cause that my accountant suddenley left the job..
now please tell how to reply to the income tax department??
i'm in receipt of notice of prosecution u/s 276B for late depositing of TDS INTO CENTRAL GOVT. A/C
amount of tds : Rs. 31,764
dealy : 12 months
i also have resonable cause that my accountant suddenley left the job..
now please tell how to reply to the income tax department??
06 August 2013
Seems sudden leaving of the accountant is not a reasonable cause for the non deposit of TDS for 12 months.
However, you may remit the money to the government account,file a letter showing the reason for the delay and attaching the copy of the challan therewith and thereby request to drop the prosecution proceedings initiated.
You can also rely, while drating the reply, on CBDT instruction no. 1335,dated 28-5-1980 stating that prosecution should not normally be proposed when the amounts involved are not substantial and the amount in default has also been deposited in the meantime to the credit of the Government.
A word of caution:- Matter should be handled with due care under the guidance of a senior counsel.
However, you may remit the money to the government account,file a letter showing the reason for the delay and attaching the copy of the challan therewith and thereby request to drop the prosecution proceedings initiated.
You can also rely, while drating the reply, on CBDT instruction no. 1335,dated 28-5-1980 stating that prosecution should not normally be proposed when the amounts involved are not substantial and the amount in default has also been deposited in the meantime to the credit of the Government.
A word of caution:- Matter should be handled with due care under the guidance of a senior counsel.
Message likes :
1 times
CA PARAS BAFNA
(Expert)
06 August 2013
Your reply is not suitable and is not tenable.
.
" Suddenly" and a delay of "12 months" has a long gap which is not digestible.
.
The cheque book was not with the accountant.
.
You have to select any of the two- a good "CA" or a bad "Police Inspector".
.
.
" Suddenly" and a delay of "12 months" has a long gap which is not digestible.
.
The cheque book was not with the accountant.
.
You have to select any of the two- a good "CA" or a bad "Police Inspector".
.
Message likes :
1 times
CA PARAS BAFNA
(Expert)
07 August 2013
First of all "Action" is required.
.
Follow the advise of Warrier Sir and deposit the amount with interest @ 1.5% p.m and part of the month.
.
Then handover the matter of drafting a suitable reply to an expert CA.
.
.
Follow the advise of Warrier Sir and deposit the amount with interest @ 1.5% p.m and part of the month.
.
Then handover the matter of drafting a suitable reply to an expert CA.
.
Message likes :
1 times
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Depreciation Chart Companies Act
- GST Audit whether Govt Companies are exempt?
- PTRC Show Cause Notice on Email
- Accounting treatment of AMC alongwith the purchase of Laptop
- Unable to File TDS Q2 Return – New TRACES Portal Error
- MSME disclosure and disallowance
- Taxation of crypto futures in India Fy 2026- 2027
- GST Treatment of Purchases with GST Paid where Outward Supplies of Manufactured CattleFeed Exempt
- EPF ECR NEW RULES Sep 17th 2026
- Not ordinarily resident having partnership income in India and salary in USA is any form to filed be
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- IMPORT PURCHASE ENTRY PASSED IN BOOKS OF ACCOUNT
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
