UOI v.Bhavecha machinery & Others 2010 (MP)
Prosecution Proceeding u/s276CC can b attracted only where there is clear, cogent & reliable evidence that failure to file return in time was WILLFUL & there shud b no possible doubt of its being WILLFUL. The failure must be INTENTIONAL, DELIBERATE, CALCULATED & CONSCIOUS with COMPLETE KNOWLEDGE of LEGAL CONSEQUENCES.
Prosecution Proceeding u/s276CC can b attracted only where there is clear, cogent & reliable evidence that failure to file return in time was WILLFUL & there shud b no possible doubt of its being WILLFUL. The failure must be INTENTIONAL, DELIBERATE, CALCULATED & CONSCIOUS with COMPLETE KNOWLEDGE of LEGAL CONSEQUENCES.
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