NE BUSINESS BUREAU
CHENNAI, SEPT 2
The Income Tax Department (TN&P), Chennai has got three convictions during the months of July- August 2023 in respect of the prosecution proceedings initiated against 3 assessees for offences committed under section u/s.276CC, 276C(2) & 276B rws 278B of Income Tax Act, 1961 viz., for the failure to file return of income, for wilful evasion of payment of tax and failure to remit the TDS amount into the Government of India account, respectively.
By regularly paying tax, the citizens are contributing in nation-building. With the advancement in the technology and digitization, no one can evade tax and get away easily, says an IT release.
First I-T dept conviction in Chennai for 2023-24; firm gets Rs 25,000 fine
The Income Tax Department (TN&P), Chennai, has got the first conviction for 2023-24 against a private limited company engaged in civil construction business for willful attempt to evade payment of income-tax.
The company filed returns for 2017-18 without paying the tax admitted in the returns and it remained unpaid till the date of the order of conviction.
A prosecution complaint was filed before the chief metropolitan magistrate, economic offences-I, against the company and its two directors. Chief examination of prosecution witnesses was conducted and charges were framed by Special Public Prosecutor L Muralikrishnan.
The additional chief metropolitan magistrate for economic offences-I, Chennai passed an order on April 11 holding the company and its directors guilty. The defaulter has been convicted and sentenced to pay a fine of Rs 25,000. The managing director and the director have been sentenced to undergo one year RI and to pay fine of Rs 25,000.
Case 2: 6 months simple imprisonment and a fine of Rs 5,000
In the second case, a Prosecution complaint for the assessment year 2012-13 was filed before the Judicial Magistrate-III, Coimbatore, in CC No. 100/2018, against the assessee Smt. Sathlsh Kumar Latha, Coimbatore for wilful evasion of payment of tax which is an offence u/ s 276C(2) of IT Act, 1961.
V Vijayakumar, Special Public Prosecutor represented the Department during the course of trial proceedings in the case. The Judicial Magistrate-III, Coimbatore holding the assessee guilty of the offences charged u/s 276C(2) of!T Act for the AY 2012-13 convicted the assessee on the ground of wilful evasion of payment of tax with a sentence of 6 months simple imprisonment and a fine of Rs 5,000.
Case 3: Company directors get RI, penalty
In the third case .a Prosecution complaint for the assessment year 2013-14 was filed before the Additional Chief Metropolitan Magistrate, Economic Offences-I, Chennai in EOCC Nos. 201/2018 against the assessee company, M/s. Shree Manickam Infraastructure Pvt Ltd and its two directors – SP. S. Manickam & Jaishree Manickam for the offence committed u/s 276B r.w.s 278B of IT Act, 1961.
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Tax evasion: Court imposes Rs 25K fine each on realty firm, MD, director and 1 year RI
V J Arulraj, Special Public Prosecutor represented the Department during the course of trial proceedings in the case. The Addtional Chief Metropolitan Magistrate, Economic Offences-I, Chennai held the assessee company and its two directors guilty of the offences charged u/s f76B r.w.s 278B of IT Act, 1961 for the AY 2013-14 on the ground of wilful evasion of tax for not remitting the Tax Deducted at Source into the Government account. The ACJM, EO-1, Chennai convicted the assessee company with a sentence of fine of Rs 50,000 and the two directors of the company with a sentence of 1 year Rigorous Imprisonment and fine of Rs 25,000 each.
