In Brief
An individual challenged his rejection of a compounding application for a failure-to-file tax return offence under Section 276CC of the Income Tax Act, 1961. The Supreme Court held that such an offence is committed on the day immediately following the statutory due date for filing, not the actual date of filing a belated return. A 'first offence' under the 2014 compounding guidelines means an offence committed before any show-cause notice for prosecution is issued. The Court found that the appellant's offence for one assessment year was committed before the show-cause notice for an earlier assessment year and thus qualified as a first offence eligible for compounding. The Court set aside the rejection, directing the authority to reconsider the application within four weeks, having regard to all relevant circumstances including the appellant's conduct and the nature of the offence.
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