Answer

ITR

Prosecution complaint already filed in court

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  1. Facts

    Once a complaint is filed, the case is before a criminal court and you must appear as summoned. You can still apply for compounding under the 2024 guidelines. A tax lawyer should handle the court side.

  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
    • CBDT Guidelines for Compounding of Offences, 17 October 2024Revised guidelines for compounding offences, dated 17 October 2024; no fixed 36 month limit for applying
    • Sec 278E, Income-tax Act 1961Court presumes a culpable mental state, but you can prove the contrary
  3. Analysis

    Do not ignore the summons, as non-appearance can lead to a warrant. Engage a lawyer to represent you, and in parallel file pending returns and pay dues. The 2024 compounding guidelines allow applications after the complaint is filed, and a compounding order ends the prosecution. In court, the defence will focus on lack of wilful default and the statutory exceptions.

  4. Conclusion

    1. Engage a lawyer and appear on the summons date.
    2. File pending returns and pay tax.
    3. Apply for compounding.
    4. Inform the court once compounding is granted.

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

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General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

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