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Offences and Prosecution

Dated 27-5-2017

 

1.

Would prosecution proceedings u/s 276CC be attracted where the failure to furnish return in time was not willful? Held there should be no possible doubt of its being 'wilful'. The failure must be intentional, deliberate, calculated and conscious with complete knowledge of legal consequences following from them. If delay is not willful, prosecution proceedings u/s 276CC are not attracted. — Union of India v/s Bhavecha Machinery and Others (2010) 320 ITR 263 (MP)

 

 
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