Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2003 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2003 (5) TMI 8 - PUNJAB AND HARYANA HIGH COURTPetitioners have filed this petition u/s 482 of the Code of Criminal Procedure for quashing the complaint u/s 276C and 277 of the Income-tax Act, 1961 filed against them as also the summoning order passed by the learned Chief Judicial Magistrate - In the case in hand, it is evident that the circulars issued by the income-tax authorities themselves provide an immunity from prosecution where the assessee admits the truth and pays the taxes properly. Nothing has been shown from the circular that the case would not be covered in the event of concealment. - Therefore, having regard to the fact that the case of the petitioners is covered by the instructions and clarifications - Besides, the penalty imposed on the petitioners has been set aside by the Tribunal. Therefore, it cannot be said that the petitioners are not entitled to be absolved from criminal prosecution in view of the concealment, which concealment in fact entitles them to immunity from prosecution - As such it is to be taken that the offences attributed to the petitioners have been compounded and the continuation of criminal prosecution would be an exercise in futility - Petition is allowed and the complaint and the summoning order are quashed.
|