The Income Tax Department (TN & P), Chennai has obtained its ninth conviction of the financial year 2023-24, the latest case being an individual convicted for offence committed under Sec.276CC of the Income Tax Act, 1961. Shri S.Suresh Babu was convicted by the ACJM, E.O.-II, Chennai for wilful failure to file return of income which is a prosecutable offence as per provisions of Sec.276CC of the Income Tax Act, 1961.

 

A prosecution complaint was filed against the above assessee by the Department during the year 2017 in the Economic Offences Court-II, Chennai as the assessee had failed to file return of income for the AY 2013-14 despite having received rental income of Rs.1,25,73,636/- and interest income of Rs. 32.736/ arising in the hands of his minor son during the FY 2012-13 relevant to the AY 2013-14. The assesse was required to file his return of income admitting the above income as per the clubbing provisions of Sec. 64(1A) of the Act within the due date specified u/s 139(1) of the Income Tax Act, 1961. The Hon’ble ACJM, EO-II Court framed the charges after taking cognisance of the offence committed by the assessee.

 

On examination of the evidences brought on record by the prosecution, the Hon’ble Addl. Chief Metropolitan Magistrate, Economic Offences-II, Chennai vide order dated 03.02.2024 held that the accused is found guilty of commission of the offence u/s 276CC of the Income Tax Act 1961 as the offence of failure to file return of income for the AY 2013-14 stood proved against the assessee beyond reasonable doubt and passed a judgment convicting the assessee. Shri. L. Muralikrishnan, Special Public Prosecutor represented the Department in the prosecution proceedings before the trial court in the above case.

 

The assessee was convicted and sentenced to undergo Rigorous Imprisonment for one (1) year and to pay a fine of Rs.50,000/- for the offence committed u/s.276CC of Income Tax Act.

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