respondent was allowed and he was acquitted
of the offence under Section 276B of the Income Tax Act, 1961
(' IT Act ').
2. Briefly ... stated, complaints were filed by the petitioner
under Section 276B / 278B of the IT Act against the respondent
and the accused company in relation
company for the purposes of initiating prosecution
under Section 276B of the Income Tax Act, 1961 ["Act"].
2. When the writ petition ... came to be issued on 30 September 2019 under Section 279(1)
read with Section 276B(a) of the Act. The Court while considering
Section 32A of the Insolvency and
Bankruptcy Code, 2016. However, we find that the punishments
which are spoken of in Section 276B ... Section 278AA of the Act which reads as
follows:-
"278AA. Notwithstanding anything contained in the provisions of
section-276A, section-276AB, or section-276B
Section 279(1) of the
Act, giving opportunity to the petitioners to show cause as to
why sanction for initiating prosecution under Section 276B ... 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
this
section shall apply accordingly.
Explanation 2.--For the removal of doubts, it is hereby
clarified that the obligation to comply with sub-section ... deduct the tax under
this section may disentitle the payer to any allowance
apart from prosecution under section 276B . Thus,
Section 195 imposes a statutory
charge of and
responsible to Petitioner No.1 Company in terms of Section 278B
of the Act.
Learned senior counsel for the petitioners emphasises that ... KRISHNA BHOJ
Signing Date:19.05.2022
17:15:59
"12.1 Section 276B - Failure to pay the tax deducted
at source.
Section 276BB - Failure
charge of and responsible to Petitioner No.1 Company in
terms of Section 278B of the Act.
Learned senior counsel for the petitioners emphasises that ... relevant
portion of Clause 12.1 reads as under :-
"12.1 Section 276B - Failure to pay the tax deducted at
source.
Section 276BB - Failure
quashing the complaint under section
200 Cr.P.C. bearing No. CT Cases 524624/2016 for offence under
section 276b & 279(1) read with
what holds good
for disallowance under section 40(a)(ia) applies, in
principle, equally to disallowance under section 40(a)(i)
as well. In this ... disallowance under section 40(a)(i), recovery under
section 201, penalty under section 271C and, in certain
situations, even prosecution under section 276B. What
section-278AA of the Income Tax Act which lays down that no
person shall be punishable for any failure referred to in section
276B ... Commissioner of Income Tax (TDS), Delhi in exercise
of power granted under section 279(2) of the Income Tax Act.
(iii) To issue a writ
