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1/ 🚨 Unjust Prosecution Alert! The Indian Income Tax Department tried to prosecute an innocent man for a small mistake of non-filing of return due to poor health and missing photocopies.
Is this the kind of treatment taxpayers deserve?
#TaxInjustice #UnfairProsecution
Is this the kind of treatment taxpayers deserve?
#TaxInjustice #UnfairProsecution
2/ Suresh Kumar Agarwal faced criminal charges for a 17-month delay in filing his tax return (AY 2013-14).
His defense?
The delay was due to death and missing photocopies of documents. Yet, the IT Department was hell-bent on prosecuting him! #InnocentTaxpayer #IndianTaxSystem
His defense?
The delay was due to death and missing photocopies of documents. Yet, the IT Department was hell-bent on prosecuting him! #InnocentTaxpayer #IndianTaxSystem
3/ Fortunately, the court saw reason! It ruled that penalties under section 271(1)(a) of the IT Act are quasi-criminal in nature and mens rea (criminal intent) must be established before a penalty can be imposed. #JusticePrevails #FairTaxSystem
4/ The court further held that since Agarwal had already deposited the tax and interest, no sentence could be imposed unless mens rea was established.
The ITO extending the time for filing the return after levying interest implied satisfaction with the grounds for delay. #ReasonableCourt
5/ The entire criminal proceedings were quashed, saving an innocent man from an unjust fate.
But the question remains: why did the IT Department try to penalize someone for a small mistake rather than helping them rectify it? #IndianTaxSystemNeedsReform #SupportTaxpayers
But the question remains: why did the IT Department try to penalize someone for a small mistake rather than helping them rectify it? #IndianTaxSystemNeedsReform #SupportTaxpayers
6/ Let's raise our voice against such unfair treatment and stand up for innocent taxpayers who face undue harassment from the authorities.
It's time to demand a fair and supportive tax system! #TaxReformNow #StandWithTaxpayers
It's time to demand a fair and supportive tax system! #TaxReformNow #StandWithTaxpayers
7/ Share your thoughts and experiences with the Indian tax system. Let's push for change together! 💪 #TimeForChange #TaxJustice
Title: Suresh Kumar Agarwal vs Union of India
Court: Jharkhand High Court
Citation: Criminal Misc. Petition No. 1553 of 2016
Dated: 28-Aug-2022
Title: Suresh Kumar Agarwal vs Union of India
Court: Jharkhand High Court
Citation: Criminal Misc. Petition No. 1553 of 2016
Dated: 28-Aug-2022
8/ Timelines and Facts
AY 2013-14: Accused fails to file income tax return
4-Sep-2014 - Notice under section 153A issued
17 months after the due date: Accused files income tax return
Principal CIT (Central), Patna, sanctions prosecution under section 276CC of the IT Act.
AY 2013-14: Accused fails to file income tax return
4-Sep-2014 - Notice under section 153A issued
17 months after the due date: Accused files income tax return
Principal CIT (Central), Patna, sanctions prosecution under section 276CC of the IT Act.
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