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2019 (2) TMI 1919 - HC - Income TaxOffence punishable under Sections 276(1) & 277 - petitioner had willfully and deliberately filed the return of income on 29.07.2002 without reflecting the investment in the form of bank balance in a foreign bank account, thereby, attempted to evade the tax - Also petitioner had stated false statement in verification under the Act and false return of income for the Assessment Year 2002-03 - Commissioner (Appeals) has observed such, he has reduced the penalty from 300% to 100%, for the reason that when these things were brought to the notice of the petitioner, he accepted and agreed for the addition, without protest. On this score alone, the Commissioner (Appeals) has reduced the penalty - HELD THAT:-here are two things for this Court to analyse here. One is that the penalty can be reduced / waived under Section 273A of the Act, provided the assessee should voluntarily and in good faith, made full and true disclosure of particulars and also has co-operated in any enquiry relating to the assessment of his income and has either paid or made satisfactory arrangements for the payment. Here in the case on hand, admittedly, the petitioner has paid the tax amount, without protest and in the meantime, without prejudice to his stand. In other words, the petitioner can still fight for his case. Moreover, the provision is very clear that the assessee should voluntarily give such disclosure. It does not brush aside the fact that the petitioner has not satisfied the ingredients of Section 273A of the Act, ie., made disclosures voluntarily and in good faith. The next thing for this Court to analyse here is that Clause 5 of Section 273A of the Act clearly says that every order made under this Section shall be final and shall not be called into question by any court or any other authority. But, the order, which the petitioner refers here for his rescue, ie., the order dated 25.03.2014 passed by the Commissioner (Appeals) under Section 250(6) of the Act, is an appealable order and the same has already been put under challenge by the Department before the Income Tax Appellate Tribunal, where the order of the Commissioner (Appeals) was upheld. Therefore, it is clear that the order passed by the Commissioner (Appeals) reducing the penalty is not an order under Section 273A of the Act and therefore, this Court, with due respect to the decision of the Hon'ble Supreme Court, is inclined to infer that Section 279(1A) of the Act will not come to the rescue of the petitioner. Since all the grounds raised by the petitioner for quashing the complaint lack merits, this Criminal Original Petition is liable to be dismissed and the same is accordingly, dismissed. Considering the age of the proceedings, the learned Additional Chief Metropolitan Magistrate (Economic Offences – 1), Egmore, is directed to expedite the trial and conclude the same, as expeditiously as possible. Consequently, connected miscellaneous petitions are closed.
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