Prosecution u/s 276b of it act, 1961

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Querist : Anonymous

Querist : Anonymous (Querist)

01 December 2015 Dear all expert,

I got a letter from ITO. so would you guide me on this serious issue....because it says punishable with rigorous impresonment.......

some part of the letter i am giving you here......

1. As per information on record, it is noticed that you had made TDS on various payments under chapter XVIIB of the IT ACT 1961 during F.Y. 2013-14 but the TDS so made was not deposited to the Central Govt. account within the prescribed due dates.

2. Under the provisions of section 200(1) of the IT act 1961, the person deducting the sum in accordance with the provisions of the act shall pay within the prescribed time the sum so deducted to the credit of the Central Govt.. Clear failure to comply with the provisions of section 200(1) of the IT ACT 1961 has been thus observed. You have thus, committed a default within the meaning of section 276B of the IT Act 1961. As per the provisions of section 276B, if a person fails to pay to the credit of the central govt., the tax deducted by him as required under the provision of section 200, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.......

3. In your case being the deductor of tax u/s 200, during the financial year 2013-14, it is seen that the tax deducted by you, had not been paid in the prescribed time, Due to non-payment of tax deducted at source in the prescribed time. You are treated to be an assesssee in default u/s 201 of the Income tax act 1961 and thus liable to be prosecuted u/s 276B.

please guide me what exactly i should do in this case?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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01 December 2015 deposit the tax.....................and then apply for condonation for any further action

Querist : Anonymous

Querist : Anonymous (Querist)

02 December 2015 but I have deducted tax from the salary of the assesses and deposited the same in the bank by challan no. 281 on time but mistake committed in the assessment year and hence the challan mismatched and hence it shows short payment..............

Nikhil Kaushik

Nikhil Kaushik (Expert)
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02 December 2015 and where was it mentioned in your earlier message. Atleast have the courtesy to put the facts in totality.

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Querist : Anonymous

Querist : Anonymous (Querist)

04 December 2015 sorry nikhil sir............for i did not put my qu. properly......but please reply

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