Section 276BB — the law in short
What the courts have decided on section 276BB, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Binod Pattanayak v Union of India
High CourtCuts both waysNo later treatment found
My s.276B prosecution for late deposit of TDS is pending and the CBDT has issued fresh compounding guidelines dated 17 October 2024. Will the High Court still quash the complaint under s.482 CrPC?
On this order, not as a matter of course. The Orissa High Court, having read clauses 4.6 and 8.3 of the CBDT's guidelines of 17 October 2024, took the view that the Department has now harmonised the procedure for compounding offences under the Act arising out of curable defects, and that in the present regime, where compounding of the offence is permissible, the inherent jurisdiction under s.482 CrPC need not necessarily be invoked. The petition was disposed of with liberty to seek compounding, and with a direction that the application be considered on its merits uninfluenced by the Court's observations.
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CBDT Compounding Guidelines 2024
CBDT Circulars & InstructionsHelps taxpayer
I want to compound my income tax offence. What do the current guidelines let me do?
Considerably more than the old ones. The guidelines of 17 October 2024 abolish the Category A/B classification, remove the cap on the number of applications and the 36-month outer time limit, extend compounding to ss.275A and 276B, allow a co-accused to apply for a company or HUF, and set TDS compounding charges at a single 1.5% per month with no interest on delayed payment of the charge.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.
