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TDS defaulter arrested, packed off to jail

New Delhi: The Tis Hazari Court has ordered judicial custody of the director of a Delhi-based real estate and information solutions company for defaulting on the tax deductible at source (TDS). It was found during the investigations that the company had deducted TDS, but had not deposited the amount in the government account despite it being a statutory obligation under the Income Tax Act.

This crime leads to the harassment of many innocent employees whose TDS is deducted but the returns are not filed. In this case, it was found that during the financial years 2013-14, 2014-15 and 2015-16, amounts of Rs 45,68,990, Rs 35,45,290 and Rs 33,36,970 were had been deducted by the assessee company. The assessee company was found to be defaulting on filing of TDS return statements.

Taking into account all defaults, the I-T department served show cause notices to the director, seeking an explanation as to why a sanction for prosecution should not be granted against him under Section 278B read with 276B of Income Tax Act. However, during the proceedings, the assessee asked for repeated adjournments, instead of giving reasonable explanations for the defaults during the proceedings.

The I-T department then concluded that there was no justifiable reason for the delay in depositing the TDS. The evasive behaviour of the assessee towards the provisions of deduction and depositions of tax at source made the TDS wing sanction the filing of a criminal complaint against the company as well as the director under Section 276B read with 278B, 278E and 279 of the Act for the financial years 2013-14, 2014-15 and 2015-16 in 2017 in its exercise of powers under Section 279(1) of the Income Tax Act.

A non-bailable warrant was issued against the director in December 2017 for non-compliance with the case proceedings. The non-bailable warrants returned to the court unexecuted with the report that the accused was avoiding execution of the warrants. Hence, on 19 January, the accused was taken into custody and was remanded to a judicial custody in Tihar Jail.

Principal chief commissioner of Income Tax, Delhi, SS Rathore said that the department was very serious about timely depositing of the TDS deducted by employers. “The TDS is government money, which has to be deposited in the treasury on a timely basis,” a government press release said. The failure to deposit the tax deducted will lead to criminal prosecution with imprisonment from three months to seven years, the government reminded.

This year, the principal chief commissioner of New Delhi has sanctioned prosecution in approximately 240 cases, which “clearly shows the strict attitude of Income Tax Department towards the defaulters”, read the release. The officer “has given a strong message to non-compliant taxpayers that tax defaulters will find it difficult to escape from penalties and prosecutions from vigilant and proactive income tax department and at the same time ensuring Best Taxpayer Friendly Services for the honest and compliant taxpayers”, according to the press release.

The government has withheld the name of the defaulter.

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Mohd Feroz Khan, Hyderabad LS candidate of @INCTelangana in 2019 announces👇Rs 50 lakh for múrdėr of #WasimRizvi

Do you @RahulGandhi approve of it?

If not, dismiss him from @INCIndia at once

Congress silence means mùrdėr of secularism

@priyankagandhi

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तो क्या इसे कांग्रेस की ऑफिशियल ब्रीफिंग माना जाए ?

Facts@BefittingFacts

Telangana Congress secretary Rashed Khan stands by his.
Just listen to his words 👇🏻
https://twitter.com/rashedkhan_inc/status/1468134475116605442

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#PseudoHindutva

https://youtu.be/KtbdVIx5sGA

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