News > Mere failure to pay tax in time cannot be treated willful attempt to evade tax to prosecute an assessee

Mere failure to pay tax in time cannot be treated willful attempt to evade tax to prosecute an assessee

Bombay HC held that mere default in payment of tax, unless such default arises out of circumstances which has the effect of assessee defeating payment, the expression ‘willful attempt’ cannot be imported to mean failure to pay tax. It is also held in paragraph 10 that mere default in payment of tax “in time”, the willful attempt to evade tax cannot be imported to prosecute an assessee.