Prosecution proceedings u/s 276c(2)

Prosecution Proceedings u/s 276C(2) is for only those Assesee who willfully tries to evade tax payments by any means.Mere failure to pay Advance Tax will not attract 276c(2). Since in your case Self Assessement Tax has been paid, it is clear that there is no intention of evasion of tax. Therefore only Interest u/s 234B & 234C will be levied for non payment of Advance Tax at the time of payment of Self Assessement tax.

Dear Mahavishnu

Advance Tax is not a determined tax liability.  Sb-section (2) of Section 276C is speaking of determined taxes.  You can have benefit of the decisions of the following cases.

G.Viswanathan Vs.  Income-tax Officer, A-ward [1987] 167 ITR 103 (Ker)

The above case is followed in the following two cases.

Vinaychandra Chandulal Shah Vs. State of Gujarat and Another [1995] 213 ITR 307  and

Vinodchandra C. Patel Vs.  State of Gujarat [2002] 253 ITR 289

Best Wishes

SathikondaA

Thanks Mr. Sumeet and Mr. Sathikonda for your valuable information