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2004 (4) TMI 26 - HC - Income TaxPenalty - concealment of some amount in return of income - complaint filed against the petitioner under sections 276C and 277 – petitioner contend that if in appeal, the order of penalty is set aside by the appellate authority or the Tribunal, while setting aside the finding recorded by the assessing authority about the making of false statement in respect of the income-tax return, then the criminal proceedings launched on the same ground can no longer be sustained - This petition is allowed and the complaint under sections 276C and 277 and all the consequential proceedings are hereby quashed. It is, however, made clear that in case the assessing authority imposes a penalty in the matter remanded by the Tribunal, it will be open for the Department to file a fresh complaint against the petitioner in accordance with law
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