YASH MAROTHIA Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present petition, the petitioner is assailing the order dtd. 22/2/2023 passed by the learned Addl. Chief Judicial Magistrate (Special Court), Cuttack in 2(c) CC Case No.13 of 2023 whereby the cognizance for the offences under Ss. -276B and 276BB of the Income Tax Act, 1961 has been taken against the petitioner.

(2.) The complaint case was filed by the Revenue, inter alia, alleging that the petitioner has deducted TDS of Rs.59,02,093.00 and collected TCS of Rs.57,27,898.00 for the financial year 2019, but the same was not deposited with the revenue within the stipulated time frame. There was delay in depositing the said amount ranging from 1 day to 173 days. On the basis of the aforementioned allegation, the complaint was filed against the petitioner by the Revenue.

(3.) The petitioner in the defence submitted that the delay in depositing the TDS and TCS amount was caused due to the prevailing COVID-19 restriction then. However, subsequently the amount has been deposited with interest. The following chart would indicate the extent of delay caused in depositing the amounts as alleged: <FRM>JUDGEMENT_121_LAWS(ORI)5_2024_1.html</FRM>