Fwd: Re: IT:-Yahoo Group-Email:- Fwd: Judgement of Honable Supreme Court on the issue of prosecution u/s 276CC in favour of the Revenue
S SRINIVAS
with regards,
S Srinivas, ADIT
From: "S SRINIVAS" <ssva...@gmail.com>
Date: 15 Jul 2014 23:46
Subject: Re: IT:-Yahoo Group-Email:- Fwd: Judgement of Honable Supreme Court on the issue of prosecution u/s 276CC in favour of the Revenue
To: <it...@yahoogroups.com>
Cc:
This case relates to Jayalalitha and Sasikala. Interesting to read.
with regards,
S Srinivas, ADIT
This case is related to jaylaitha.old judgement.On 14 July 2014 21:39, dharam vir dvsee...@gmail.com [itgoa] <it...@yahoogroups.com> wrote:
[Attachment(s) from dharam vir included below]Subject: Judgement of Honable Supreme Court on the issue of
prosecution u/s 276CC in favour of the Revenue
IT: Benefit of proviso to section 276CC is available only to voluntary
filing of return as required under Section 139(1) and said proviso
would not apply after detection of failure to file return and after a
notice under section 142(1)(i) or section 148 is issued calling for
filing of return of income.
IT: Pendency of appellate proceedings relating to assessment is not a
bar for initiating prosecution proceedings under section 276CC.
IT: A firm is independently required to file return of income and
merely because partners of firm in their individual returns disclosed
that no return has been filed by firm due to non-finalisation of books
of account, would not nullify liability of firm to file its return as
per section 139(1).
IT: In term of provisions of section 278E, as regards prosecution of
offence like section 276CC, Court has to presume existence of mens rea
and it is for accused to prove contrary and that too beyond reasonable
doubt.
[2014] 41 taxmann.com 500 (SC) SUPREME COURT OF INDIA
Sasi Enterprises v. Assistant Commissioner of Income-tax* Judgement
enclosed in Annexure.
Dharam Vir ACIT
--Regards,Pawan Singla , LLBM. No. 9825829075
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