they have
shown reasonable cause for belated payment as covered under Section 278AA
of the Income Tax Act, and the question can be decided
Supreme
Court that the plea under Section 278AA of the I.T. Act, can be decided on the basis
of evidence which would be adduced ... instant petition is whether
petitioner has made out its case under Section 278AA of the Act that he was
prevented by sufficient cause for depositing
that whether the
petitioner has made out its case under Section 278AA of the Act that he was prevented
by sufficient cause for depositing such
submit that if the petitioners intend to invoke
the provisions under Section 278AA of the Income Tax Act, they shall have
to satisfy the authority ... respondent to
consider the issue afresh, as per the provisions under Sections 278AA and
279 (2) of the Income Tax Act and pass appropriate orders
compounding charges and to not proceed with prosecution in view
of section-278AA of the Income Tax Act which lays down that no
person shall
failure to deduct tax.
6. This is evident from Section 278AA of the Act which reads as
follows:-
"278AA. Notwithstanding anything contained
depositing the TDS. Reliance is placed on
wordings of Section 278AA of the Income Tax Act. It talks about
considering the reasonable cause for failure ... Income Tax Act. On a prima-facie reading what appears is
Section 278AA will come into picture at the time of imposing
punishment. Mr. Munde
depositing the TDS. Reliance is placed on
wordings of Section 278AA of the Income Tax Act. It talks about
considering the reasonable cause for failure ... Income Tax Act. On a prima-facie reading what appears is
Section 278AA will come into picture at the time of imposing
punishment. Mr. Munde
India. He relied on Clause 4(i) which reads thus:-
" Section 278AA of the Act provides that for the
purposes of section 276B ... judicious view should be
taken in view of the provisions of section 278AA
before filing of complaints."
5. Considering these submissions, it is necessary
therefore submitted that the word "reasonable cause"
employed in section-278AA would squarely come to the rescue of
the Petitioners since here ... that the words 'reasonable cause' as find mention in
section-278AA of the I.T. Act arise for appropriate consideration in
the touchstone
