Delhi High Court - Orders
M/S Tai Infotech Pvt Ltd Through Its ... vs Income Tax Office Ito Through Mr. ... on 7 February, 2024
$~51 to 55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 953/2023 & CRL.M.A. 24585/2023
M/S TAI INFOTECH PVT LTD THROUGH ITS
DIRECTOR RAJIV KATHURIA & ANR. ..... Petitioners
Through: Mr. Abhimanyu Jhamba,
Adv. Ms. Thonpinao
Thangal, Adv. Ms.
Hatneimawi, Adv. & Mr.
Shivam Prashar, Adv.
versus
INCOME TAX OFFICE ITO THROUGH MR.
CHANDER MOHAN INCOME TAX OFFICER WARD
76 4 NEW DELHI ..... Respondent
Through: Mr. Sanjay Kumar, Sr.
Standing Counsel, Ms.
Hemlata Rawat Jr. St.
Counsel, Ms. Easha Jr.
Standing Counsel.
+ CRL.REV.P. 959/2023 & CRL.M.A. 24651/2023
M/S TAI INFOTECH PVT LTD THROUGH ITS
DIRECTOR RAJIV KATHURIA & ANR. ..... Petitioner
Through: Mr. Abhimanyu Jhamba,
Adv. Ms. Thonpinao
Thangal, Adv. Ms.
Hatneimawi, Adv. & Mr.
Shivam Prashar, Adv.
versus
INCOME TAX OFFICE ITO THROUGH MR.
CHANDER MOHAN INCOME TAX OFFICER WARD
76 4 NEW DELHI ..... Respondent
Through: Mr. Sanjay Kumar, Sr.
Standing Counsel, Ms.
Hemlata Rawat Jr. St.
Counsel, Ms. Easha Jr.
Standing Counsel.
+ CRL.REV.P. 960/2023 & CRL.M.A. 24653/2023
CRL.REV.P. 953/2023 & connected matters Page 1 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 12/02/2024 at 21:41:33
M/S TAI INFOTECH PVT LTD THROUGH ITS
DIRECTOR RAJIV KATHURIA & ANR. ..... Petitioners
Through: Mr. Abhimanyu Jhamba,
Adv. Ms. Thonpinao
Thangal, Adv. Ms.
Hatneimawi, Adv. & Mr.
Shivam Prashar, Adv.
versus
INCOME TAX OFFICE ITO THROUGH MR.
CHANDER MOHAN INCOME TAX OFFICER WARD
76 4 NEW DELHI ..... Respondent
Through: Mr. Sanjay Kumar, Sr.
Standing Counsel, Ms.
Hemlata Rawat Jr. St.
Counsel, Ms. Easha Jr.
Standing Counsel.
+ CRL.REV.P. 961/2023 & CRL.M.A. 24655/2023
M/S TAI INFOTECH PVT LTD THROUGH ITS
DIRECTOR RAJIV KATHURIA & ANR. ..... Petitioners
Through: Mr. Abhimanyu Jhamba,
Adv. Ms. Thonpinao
Thangal, Adv. Ms.
Hatneimawi, Adv. & Mr.
Shivam Prashar, Adv.
versus
INCOME TAX OFFICE ITO THROUGH MR.
CHANDER MOHAN INCOME TAX OFFICER WARD
76 4 NEW DELHI ..... Respondent
Through: Mr. Sanjay Kumar, Sr.
Standing Counsel, Ms.
Hemlata Rawat Jr. St.
Counsel, Ms. Easha Jr.
Standing Counsel.
+ CRL.REV.P. 962/2023 & CRL.M.A. 24665/2023
M/S TAI INFOTECH PVT LTD & ANR. .....Petitioners
Through: Mr. Abhimanyu Jhamba,
Adv. Ms. Thonpinao
Thangal, Adv. Ms.
Hatneimawi, Adv. & Mr.
Shivam Prashar, Adv.
CRL.REV.P. 953/2023 & connected matters Page 2 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 12/02/2024 at 21:41:33
versus
INCOME TAX OFFICE ITO THROUGH MR.
CHANDER MOHAN ..... Respondent
Through: Mr. Sanjay Kumar, Sr.
Standing Counsel, Ms.
Hemlata Rawat Jr. St.
Counsel, Ms. Easha Jr.
Standing Counsel.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 07.02.2024
1. The learned counsel for the petitioner submits that TDS for the Financial Years ('FY') 2012-2013, 2013-2014, 2014-2015, 2015-2016 and 2016-2017 was deposited with applicable interest. He submits that penalty proceedings under Section 221(1) of the Income Tax Act, 1961 (hereafter 'the Act') were also admittedly dropped.
2. He submits that the notices under Section 279(1) of the Act, giving opportunity to the petitioners to show cause as to why sanction for initiating prosecution under Section 276B(a) of the Act should not be granted, were issued for the first time on 17.04.2017 for FY 2012-2013, on 07.04.2017 for FYs 2013-2014 and 2015-2016 and on 04.12.2018 for FY 2016-2017. A common show cause notice dated 17.01.2019 was issued for FYs 2012- 2013, 2013-2014, 2014-2015 and 2015-2016.
3. He submits that the present complaints were belatedly filed in the year 2019.
4. He submits that the respondent department, after having accepted the interest and the TDS, cannot now allege the violation of Section 276B of the Act for non deposit of the TDS.
5. He submits that petitioner has admittedly deposited the CRL.REV.P. 953/2023 & connected matters Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2024 at 21:41:34 TDS, albeit, belatedly. He submits that the provisions of Section 276B are attracted only when a person fails to pay to the credit of the Central Government any amount of TDS.
6. He submits that in the present case, admittedly, the amount has been paid in the credit of the Central Government along with the interest.
7. He further submits that it is not the case of the respondent that the amount of TDS has been refunded so as to initiate proceedings under Section 276B of the Act.
8. List for further arguments on 22.05.2024.
9. In the meantime, the Additional Chief Metropolitan Magistrate, is directed not to proceed further with the matter in the Complaint Case Nos. 6543/2019, 6546/2019, 6545/2019, 6544/2019 and 6547/2019.
10. A copy of this order be placed in all the matters.
AMIT MAHAJAN, J FEBRUARY 7, 2024 "SK"
CRL.REV.P. 953/2023 & connected matters Page 4 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/02/2024 at 21:41:34