TDS Payment Defaulters Sent to Tihar Jail

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In a recent case, relating to default in payments of TDS (Tax Deducted at source), Income Tax Department, New Delhi has taken very tuff stand. TDS wing of the department has exercised its power under Sec. 279(1) of the Income Tax Act.

A real Estate Company has defaulted in submitting TDS Returns for the Financial years 2013-14, 2014-15 & 2015-16. Considering the repeated defaults and after giving a reasonable opportunity of being heard to the assessee, the department filed Criminal Complaints against the Company & its directors as department did not find any justifiable reason for the continuous default in TDS payments.

After filing the complaints, non bail able warrants were issued against the director. Still the director has not taken the matters seriously. The arrest warrant returned without execution as the directors have willingly avoided it.

Subsequently on Jan19 2018, the director was taken into custody and has been sent to Tihar Jail on Judicial Remands. A senior official in the department with a request not to reveal his name told our team that this year there is a lot of pressure for selecting TDS defaulter’s cases in prosecution either in nature of imprisonment or compounding or both.

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