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Patna High Court

Ishwar Chandra SharmaversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court did not quash the impugned order but allowed the petitioner to re‑file the compounding application within three weeks and directed the respondents to decide it within six weeks, thereby staying further action.

Summary

Petitioner Ishwar Chandra Sharma filed a writ petition challenging the order dated 27.03.2025 of the Principal Chief Commissioner of Income Tax, Bihar & Jharkhand, which declined his request to compound an offence under Section 276B of the Income Tax Act, 1961 for the FY 2012-13. He contended that the delay in depositing TDS was caused by a malfunctioning electronic code and not by his fault, and sought a writ of certiorari, mandamus and a stay of any prosecution. The respondents indicated that if the petitioner re‑files a compounding application in accordance with the Central Board of Direct Taxes guidelines, the matter would be considered within six weeks. The Court granted the petitioner liberty to file the compounding application within three weeks and directed the respondents to decide it within six weeks, holding that the impugned order would not prejudice the petitioner. Consequently, the writ petition was disposed of on these terms.

Issues considered

  • Whether the order declining the petitioner's compounding application under Section 276B can be quashed.
  • Whether a writ of mandamus can be issued directing the Income Tax authorities to consider the compounding application.
  • Whether a stay of prosecution under Section 276B is warranted pending the filing of a fresh compounding application.

Legislation cited

Subjects

  • Income Tax
  • Compounding of offences
  • Section 276B
  • Writ petition
  • Certiorari
  • Mandamus
  • TDS delay
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.11610 of 2025
                 ======================================================
                 Ishwar Chandra Sharma Son of Sri Rajo Sharma, Resident of At House No.
                 20, Indrapuri, Road No. 1, Atal Path, Near Rajiv Nagar Underpass, P.O.-
                 Keshri Nagar, P.S.-Patliputra, District-Patna, Bihar-800024.

                                                                        ... ... Petitioner/s
                                                 Versus
           1.    The Union of India through the Revenue Secretary, Ministry of Finance,
                 Department of Revenue, Nehru Place, New Delhi, Delhi-110019.
           2.    The Principal Chief Commissioner of Income Tax, Bihar and Jharkhand, 1st
                 Floor, Central Revenue Building, Beerchand Patel Marg, Patna, Bihar-
                 800001.
           3.    The Commissioner of Income Tax (TDS), Patna.
           4.    The Additional Commissioner of Income Tax (Tech.), Bihar and Jharkhand,
                 1st Floor, Central Revenue Building, Beerchand Patel Marg, Patna, Bihar-
                 800001.
           5.    The Income Tax Officer, TDS Ward, Income Tax Office, Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Kaushik, Advocate
                                                 Mrs.Namrata Dubey, Advocate
                 For the Respondent/s     :      Mrs. Archana Sinha, (Sr. SC for Income Tax)
                                                 Mrs. Shilpi Keshri (Jr. SC for Income Tax)

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                         and
                         HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   25-03-2026              The present writ petition has been filed seeking the

                   following reliefs:-

                                        “1. i. For issuance of an order, direction or a
                                        writ of Certiorari for quashing and setting aside
                                        the order dated 27.03.2025 communicated to the
                                        petitioner through Memo No. 2710 dated
                                        31.03.2025 issued by Principal Chief
                                        Commissioner of Income Tax, Bihar and
                                        Jharkhand whereby and whereunder the
Patna High Court CWJC No.11610 of 2025(2) dt.25-03-2026
                                            2/3




                          aforesaid authority has declined the prayer of
                          the petitioner to compound the offence under
                          Section 276B of the Income Tax Act, 1961 for the
                          financial year, 2012-13 in exercise of powers
                          under sub-section 2 of Section 279 of the Income
                          Tax Act, 1961.
                          ii. For issuance of an order, direction or a writ of
                          Mandamus or an appropriate writ for directing
                          the respondent authorities to consider the prayer
                          of the petitioner to compound the offence under
                          Section 276B of the Income Tax Act, 1961 in
                          view of the fact that the delay in submission of
                          TDS amount was due to the reason that the code
                          for depositing the amount to the credit of Income
                          Tax Department had become ineffective and the
                          delayed deposition of the TDS amount was not
                          due to the fault of the petitioner.
                          iii. For issuance of an order, direction or an
                          appropriate writ for staying the consequential
                          action in pursuance of the impugned order and
                          for precluding the authorities from initiating
                          prosecution against the petitioner for offences
                          under Section 276 B of the Income Tax, 1961
                          during the pendency of this writ application and
                          thereafter.”
          2.      At the outset, the Ld. Senior Counsel for the respondents

          submits, by referring to paragraph no. 35 of the counter affidavit

          filed by the respondents, that in case the petitioner re-

          submits/submits compounding application in terms of the

          compounding guidelines issued by the Central Board of Direct

          Taxes (CBTD) vide F. No. 285/08/2014-IT (Inv.V)/163 dated

          17.10.2024, the respondents would definitely consider the same

          in accordance with law and pass appropriate orders within a
         Patna High Court CWJC No.11610 of 2025(2) dt.25-03-2026
                                                     3/3




                   period of six weeks.

                   3.       In view of the aforesaid, the Ld. Counsel for the petitioner

                   seeks liberty on behalf of the petitioner for filing the

                   compounding application within a period of three weeks from

                   today.

                   4.       It is needless to state that in case appropriate

                   compounding application is filed by the petitioner within a

                   period of three weeks from today, the respondent authorities

                   shall consider the same in accordance with law and pass a

                   reasoned and a speaking order within a period of six weeks

                   thereafter.

                   5.       It is clarified that the impugned order dated 27.03.2025

                   passed by the Principal Chief Commission of Income Tax, Bihar

                   & Jharkhand, shall not cause prejudice to the petitioner while

                   consideration of his compounding application.

                   6.       The writ petition stands disposed off on the aforesaid

                   terms.


                                          (Mohit Kumar Shah, J)


                                             (Arun Kumar Jha, J)
S.Sb/-

U


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