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Supreme Court of India · 06/02/2025

VINUBHAI MOHANLAL DOBARIA versus CHIEF COMMISSIONER OF INCOME TAX & ANR

[2025] 2 S.C.R. 476 · 2025 INSC 155

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Summary

The Supreme Court held that an offence under Section 276CC of the Income Tax Act, 1961 is committed on the day after the due date under Section 139(1), not on the date a belated return is filed. The assessee's default for AY 2013-14 therefore preceded the first show cause notice (for AY 2011-12) and was a 'first offence' under the CBDT's 2014 compounding guidelines; filing a belated return is not 'voluntary disclosure'. The rejection of compounding was set aside and a fresh application directed to be decided on its merits.

Issues

  1. Whether an offence under Section 276CC is committed on the date the belated return is actually filed or on the day immediately after the due date under Section 139(1).
  2. What 'first offence' means in Paragraph 8 of the Guidelines for Compounding of Offences under Direct Tax Laws, 2014.
  3. Whether filing a belated return amounts to 'voluntary disclosure' of an offence under Paragraph 8.
  4. Whether the restrictions in Paragraph 8 of the 2014 guidelines are mandatory or leave room for discretion.

Provisions considered

Held

Result

Appeal disposed of. The orders of the High Court and of the Chief Commissioner of Income Tax, Vadodara dated 14.02.2017 rejecting compounding were set aside. The appellant was to file a fresh compounding application within two weeks, to be decided within four weeks having regard to his conduct, the nature of the offence and the facts. The trial stays pending that decision; it abates if compounding is allowed and continues if it is refused.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 476.