Answer

ITR

How much jail and fine Sec 276CC carries

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  1. 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.

  2. 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
  3. 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.

  4. Conclusion

    1. Estimate the tax involved for each year.
    2. Note which band applies.
    3. File, pay and reply to reduce the chance of a complaint.
    4. Consider compounding if a complaint is likely.

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Prosecution for non-filing, Sec 276CC (now 479)

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