SANGEET SETH Vs. CHIEF COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This petition has been filed with the following prayers:

(2.) In effect, the petitioner is seeking directions to the respondent not to pass a compounding order under Sec. 279(2) of the Income Tax Act, 1961 (the Act) in terms of the Letter of Acceptance dtd. 29/1/2018, and with a consequential prayer to compound the criminal proceedings in CC No. 537821 of 2016 titled as 'Income Tax Officer vs. M/s Velvet Apple Hotel Pvt. Ltd.' pending before the ACCM (Spl. Acts), Central District, Tis Hazari Courts, Delhi.

(3.) The facts as noted from the petition and so contended by the learned counsel for the petitioner are that the petitioner had failed to deposit Tax Deducted at Source ('TDS') of Rs.6,11,820.00 for the financial year 2009-10 in the account of the Central Government within the stipulated time period under the Act and deposited the said amount after delay of few months due to certain unavoidable circumstances and financial constraints which then resulted in the criminal prosecution proceedings.