Jaswant Singh, Director V. Union of India

CRLMC/236/2022

AI Insights

The case involves Jaswant Singh, a director of M/s. Braj Mining Corporation Private Limited, who sought to quash an order taking cognizance of an offence under Section 276(B) of the Income Tax Act for failing to deposit TDS amounts within the statutory period. The Income Tax Department had issued a show-cause notice to the company and its directors, including Singh, for the delay in depositing TDS for the financial year 2014-15. Despite opportunities to respond, the petitioner failed to provide valid reasons for the delay, leading to prosecution. The petitioner relied on a previous judgment and a recent CBDT Circular for compounding offences, while the respondent opposed the indulgence based on the new guidelines. The court's decision referenced a similar case's findings and granted the petitioner the option to seek compounding under the new guidelines.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 691775 (HC-ORISSA)
• Appeal Type: Others
• Pronouncement Date: 23-12-2024
• Assessment Year: misc
• Other Referred Cases: Sree Metaliks Limited and others vs. Union of India and another, Jaswant Singh vs. Union of India
• Laws Referred To: Cr.P.C., I.T. Act
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: AVINASH KEDIA
• Assessee Lawyers: SIDHARTHA RAY
• Keywords: Compounding of offences; Income Tax; Quashing of order; TDS default
• Section: 482; 276-B

Judgement Text

" Page 1 of 5 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.236 of 2022 Jaswant Singh, Director …. Petitioner(s) Mr. Sidhartha Ray, Senior Advocate -versus- Union of India …. Opposite Party(s) Mr. Avinash Kedia, Junior Standing Counsel (Income Tax) CORAM: JUSTICE SIBO SANKAR MISHRA Order No. Date of Hearing:- 11.09.2024 Date of Order:- 23.12.2024 02. 1. Heard Mr. Ray, learned Senior Counsel for the petitioner and Mr. Kedia, learned Junior Standing Counsel for the Income Tax Department. 2. The present petition is filed by the petitioner under Section 482 Cr.P.C. seeking quashing of the order dated 30.10.2017 passed by the learned Additional Chief Judicial Magistrate (Special Court), Cuttack in 2(C) C.C. Case No.242 of 2017, whereby the learned Court below has taken cognizance of offence under Section 276(B) of the I.T. Act against the petitioner. 3. The petitioner is one of the Directors of M/s. Braj Mining Corporation Private Limited. The Commissioner of Income-Tax (TDS), Bhubaneswar issued a show-cause notice to M/s. Braj Page 2 of 5 Mining Corporation Private Limited inter alia calling upon to show cause as to why prosecution under Section 276(B) of the I.T. Act (for short