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ARTICLE · 19 SEPTEMBER 2019

Prosecution Proceedings To Be Resorted To Sparingly And Relaxation In Compounding Guidelines

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In line with the recent assurances from the Finance Minister of India regarding ending the tax harassment, the CBDT which is the apex body for administration of direct tax in India, has issued 2 circulars.

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Background

In line with the recent assurances from the Finance Minister of India regarding ending the tax harassment, the Central Board of Direct Taxes (CBDT) which is the apex body for administration of direct tax in India, has issued 2 circulars. These circulars are reflective of the recent statements that 'penalty rather than prosecution is the priority of the Government'.

Circular No. 24 of 2019, dated 9 September 2019 lays down the criteria for selecting cases for initiating prosecution and No. 25 of 2019, dated 9 September 2019, CBDT has relaxed one pre-condition of filing compounding.

New criteria for launching prosecution

With a view to ensure that minor default cases don't get selected for prosecution, CBDT under Circular No. 24 of 2019 has provided the following criteria for selection of cases of initiating prosecution:

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