ITR
How much jail and fine Sec 276CC carries
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Facts
If the tax sought to be evaded is more than ₹25 lakh, the punishment is rigorous imprisonment from 6 months to 7 years with fine. In other cases it is 3 months to 2 years with fine. These are maximum risks; most cases end before trial.
Provisions and law
- Sec 276CC (now Sec 479)Prosecution for wilful failure to file a return on time; jail of 3 months to 2 years, or 6 months to 7 years where tax evaded exceeds ₹25 lakh
- Sec 279, Income-tax Act 1961Prosecution needs sanction of a senior authority, and offences can be compounded
Analysis
Sec 276CC (now Sec 479) sets these ranges, and the offence is non-cognizable, so police cannot arrest without court permission. The ₹25 lakh line is about tax sought to be evaded, not income, so tax of ₹8 lakh puts you in the lower band. Courts look at whether the failure was wilful. Most taxpayers resolve these through filing, paying tax and compounding.
Conclusion
- Estimate the tax involved for each year.
- Note which band applies.
- File, pay and reply to reduce the chance of a complaint.
- Consider compounding if a complaint is likely.
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Prosecution for non-filing, Sec 276CC (now 479)
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