under— (i) Note 2 below the Table in section 393(3); or (ii) Note 6 to section 393(1) (Table: Sl. No. 8), he shall ... prescribed for filing the statement under section 397(3)(b) in respect of such payment. [ Similar to Section 276B from The Income
Section 276B of the Income Tax Act, 1961 (hereinafter called
as 'the Act').
4. Accused Nos.2 to 6 being the Directors vicariously ... section (1) or sub-section (2),
such company shall be punished with fine and every
person, referred to in sub-section (1), or the
director
required by or under, - .sub-section (2) of section 115-
0; or the second proviso to section 194B , he shall be
punishable with rigorous imprisonment ... committed.
22. However, Section 278AA IT Act provides that notwithstanding
anything contained in the provisions of Section 276A , 276AB or Section
276B or Section 276BB
section (1) of section
194R ;
(iv) the proviso to sub-section (1) of section 194S ;
or
(v) sub-section (2) of section 194BA,
he shall ... section 200 .
*** *** ***
278AA. Punishment not to be imposed in certain
cases-Notwithstanding anything contained in the
provisions of section 276A , section 276AB , or section
276B
certain cases-Notwithstanding
anything contained in the provisions of Section 276A , Section 276B no
person shall be punishable for any failure referred ... meaning of section 201 read with section 221 of the
Act, "reasonable cause or excuse" as used in section 276B prior
certain cases-Notwithstanding
anything contained in the provisions of Section 276A , Section 276B no
person shall be punishable for any failure referred ... meaning of section 201 read with section 221 of the
Act, "reasonable cause or excuse" as used in section 276B prior
certain cases-
Notwithstanding anything contained in the provisions of Section
276A , Section 276B no person shall be punishable for any failure
referred ... meaning of section 201 read with section 221 of the
Act, "reasonable cause or excuse" as used in section 276B prior
Section 271C, Section 271
CA], Section 271D, Section 271 E, 4207[Section 271F,]
4208[Section 271FA 4209[, 4210[Section 271FAB, Section
271FB, Section 271G, Section ... 271GA, 4211[Section 271 GB,]]]
4212[Section 271 H,] 4213[Section 271I,] 4214[Section 271J,]
clause (c) or clause (d) of sub section
years alongwith fine.
Section 278 AA:- Notwithstanding anything contained in the
provisions of Section 276 A, Section 276 AB, or Section 276 B,
no person ... noted above, Section 278AA of the IT Act carves out an
express exception to penal liability under Section 276B of the IT
Act, where
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
