Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Delayed TDS Payment: Jharkhand HC Quahes Proceedings initiated under Income Tax Act considering...
The Jharkhand High Court has quashed criminal proceedings initiated under the Income Tax Act against a petitioner for delayed payment of Tax Deducted at Source (TDS). The court took into consideration the fact that the petitioner had subsequently paid the entire TDS amount along with the applicable interest for the period of delay. The High Court observed that the primary objective of the TDS provisions is to ensure the collection of revenue for the government. Since the tax and the compensatory interest had been fully paid, the court held that continuing with the criminal prosecution for the procedural lapse of delay would be an unnecessarily harsh measure. This judgment provides relief to taxpayers who may have committed a bona fide delay in depositing TDS but have later made good on their liability, suggesting that prosecution should be reserved for more serious cases of willful evasion.