https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

Supreme Court Quashes Tax Prosecution, Fines Income Tax Department ₹2 Lakh for Ignoring CBDT Circulars

Supreme Court quashes tax prosecution against Vijay Krishnaswami, fining the Income Tax Department ₹2 lakh for ignoring binding CBDT circulars.
student mental health guidelines
Indian Masterminds Stories

New Delhi: The Supreme Court has quashed prosecution proceedings against an assessee and imposed a ₹2 lakh cost on the Income Tax Department for acting in blatant disregard of binding statutory instructions.

A bench of Justices J. K. Maheshwari and Vijay Bishnoi slammed the Revenue for “wilful non-compliance” of CBDT circulars, holding that such conduct undermines fairness, consistency, and accountability in tax administration.

Background of the Case

In April 2016, the Income Tax Department conducted a search under Section 132 of the Income Tax Act, seizing unaccounted cash worth ₹4.93 crore from assessee Vijay Krishnaswami. A show-cause notice followed in October 2017.

By June 2018, the Principal Director of Income Tax (Investigation) sanctioned prosecution, and a complaint was filed under Section 276C(1) for alleged wilful tax evasion. Later, in December 2018, the assessee approached the Settlement Commission, making additional disclosures.

In November 2019, the Commission granted immunity from penalty after observing no wilful attempt to evade tax, though immunity from prosecution was withheld due to pending High Court proceedings. The Madras High Court eventually dismissed the assessee’s plea, compelling him to seek relief from the Supreme Court.

Challenges for the court

The central question was whether prosecution under Section 276C(1) could stand when the Revenue ignored binding CBDT circulars and when the Settlement Commission had already granted immunity from penalty.

Also Read: Supreme Court Pulls Up ED, Grants Bail to Former IAS Anil Tuteja in Chhattisgarh Liquor Scam

CBDT Circulars are Binding

The bench highlighted three binding directives:

  • CBDT Circular (2008): Prosecution may follow only after ITAT confirms concealment penalty exceeding ₹50,000.
  • Prosecution Manual (2009): Reinforced ITAT confirmation as a precondition.
  • CBDT Circular (2019): Cases below ₹25 lakh require Collegium approval and ITAT confirmation before prosecution.

The Court reiterated earlier rulings in K.C. Builders Ltd. v. CIT and UCO Bank v. CIT, affirming that such circulars, which tone down the rigour of law, bind tax authorities.

Revenue Acted in Blatant Disregard

The judges noted that no ITAT order confirming concealment existed when prosecution was launched. The Department could not justify ignoring its own procedures.

The Settlement Commission had already found no wilful attempt to evade tax. Calling the lapse grave, the Court observed:

“Such wilful non-compliance reflects a serious lapse, and undermines fairness, consistency, and accountability. It cannot be treated as justified or lawful.”

Overlooks by Madras High Court

The Supreme Court found that the Madras High Court failed to evaluate whether prosecution served any purpose. It also overlooked the binding nature of Settlement Commission findings and CBDT circulars.

The Court set aside the High Court order, quashed the prosecution, and directed the Income Tax Department to pay ₹2 lakh to the assessee as costs.

Also Read: Supreme Court Upholds Punjab Constable’s Dismissal, Rules Unauthorized Absence Gravest Misconduct


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
IES Simmi Chaudhary
Centre Approves Appointment of 16 Officers as Joint Secretaries Across Ministries; IAS, IRS, IRPS Officers Among Appointees - Check List Here
shastri-bhawan
6 Key Ministries Relocated from Udyog Bhawan & Shastri Bhawan to GPOA Block-3, Netaji Nagar - Check All Details Here
Cyber Diplomacy in 2025: How Nations Are Tackling Cyber Threats, AI, and Digital Conflicts
Cyber Diplomacy in 2025: How Nations Are Tackling Cyber Threats, AI, and Digital Conflicts
4_11zon
From Awareness to Action: Panna Tiger Reserve Marks 15 Years of Nature Camps - A Legacy of Community Conservation
From Esports to Soft Power: How Countries Use Video Games for Public Diplomacy and Global Connection
From Esports to Soft Power: How Countries Use Video Games for Public Diplomacy and Global Connection
Mizoram people history
New Vangchhia Findings Could Rewrite Mizo Migration Timeline: IAS Officer Rinsanga Urges Re-examination
VPN or Proxy Server - Which Is Better for Online Privacy and Security?
VPN or Proxy Server - Which Is Better for Online Privacy and Security?
Teaching Advanced Digital Skills: How to Go Beyond Basic Computer Use in the Modern World
Teaching Advanced Digital Skills: How to Go Beyond Basic Computer Use in the Modern World
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2025-10-31 at 13.49
Walking with the Wild: How Dr. Sonali Ghosh is Protecting Assam’s Forests
Former IAS Anil Swarup
Former IAS Anil Swarup Reveals His Secrets of Success
IAS Gokul S
Meet IAS Gokul S — The Officer Who Turned Disability into Determination | Video Interview 
ADVERTISEMENT
UPSC Stories
Rashi Kumawat RAS Rajasthan
RAS Topper Rashi Kumawat: Meet The Supermom Who Balanced Government Job, Motherhood & Dreams to Secure 6th Rank
Jaipur’s Rashi Kumawat, a gold medalist engineer and working mother, secured 6th rank in RAS 2023 through...
IPS Shrikesh Kumar Rai UPSC
How Ramcharitmanas Guided IPS Officer Shrikesh Kumar Rai Through UPSC Struggles
Read how IPS Shrikesh Kumar Rai rose from a small village in UP to crack UPSC after multiple failures,...
IAS Gokul S
Meet IAS Gokul S — The Officer Who Turned Disability into Determination | Video Interview 
Visually impaired IAS officer Gokul S turned his challenges into change, empowering hundreds through...
Social Media
Tenzin Yangki IPS Arunachal
Historic First: Who Is Tenzin Yangki, Arunachal Pradesh’s First Woman to Join IPS? Anand Mahindra Hails Her
She secured an impressive 545th rank in the prestigious UPSC Civil Services Examination - 2022.
IFS Parveen Kaswan
Heartbreak by the River: 15-Day-Old Elephant Calf Rejected by Mother, Rescued by IFS Parveen Kaswan and His Team
Jaldapra, West Bengal: In a moving incident that tugs at the heart, a 15-day-old elephant calf was rescued...
Ashwini Bhide IAS and Anand Mahindra
Who Is IAS Ashwini Bhide, Hailed as a Role Model for Mumbai Metro Transformation by Anand Mahindra?
From heritage to high-tech: Bhide’s leadership in Metro Line 3 earns public praise and admiration
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
IES Simmi Chaudhary
Centre Approves Appointment of 16 Officers as Joint Secretaries Across Ministries; IAS, IRS, IRPS Officers Among Appointees - Check List Here
shastri-bhawan
6 Key Ministries Relocated from Udyog Bhawan & Shastri Bhawan to GPOA Block-3, Netaji Nagar - Check All Details Here
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
WhatsApp Image 2025-10-31 at 13.49
Former IAS Anil Swarup
IAS Gokul S
ADVERTISEMENT
ADVERTISEMENT