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2010 (12) TMI 54 - UTTARAKHAND HIGH COURTBenefit of VDIS - ITAT interpreted the expression “in relation to prosecution" in section 78 (b) of Finance Act, 1997, in holding that the assessee against whom First Information Report was lodged (but no charge sheet was filed ) was entitled to the benefit of VDIS - CBI itself moved the court seeking withdrawl of First Information Report and filed final report - certificate of VDIS was issued in favour of the assessee - Held that: - CBI court accepted the final report/withdrawl of F.I.R - Since neither the prosecution was pending on the date when VDIS was sought by the assessee, nor prosecution was initiated on the investigation pending on the date VDIS benefit was sought, as such, it can not be said that assessee was one of such persons to whom clause (b) of section 78 of Finance Act, 1997, applied - question of law stands answered in favour of the assessee
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