ITR
Prosecution complaint already filed in court
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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.
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
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.
Conclusion
- Engage a lawyer and appear on the summons date.
- File pending returns and pay tax.
- Apply for compounding.
- Inform the court once compounding is granted.
A Savvy can do this for you
Prosecution for non-filing, Sec 276CC (now 479)
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