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2015 (6) TMI 9 - HC - Income TaxProsecution launched for concealment of income under section 276C r.w.s. 279 - Held that:- We direct that respondent No.2 shall decide whether or not to take action under section 279 of the Act on his own in accordance with law and without being influenced by the directions from any other source including from the CBDT including on the basis of the communications relied upon by the petitioner or otherwise. By our judgment in M/s Kudos Chemie Ltd. v. Assistant Commissioner of Income Tax (TDS), Chandigarh [2015 (5) TMI 589 - PUNJAB & HARYANA HIGH COURT], we have held that launching a prosecution is not mandatory in every case of failure provided in section 276B. The same would apply also in respect of failure under sections 276C and 277 which the petitioner is accused of in this case. Further, in the event of respondent No.2 deciding to launch the prosecution, he shall do so only by a reasoned order on all the issues raised by the petitioner. In the event of the decision of respondent No.2 being adverse to the petitioner to any extent, the same shall not be implemented for a period of four weeks after service of the same upon the petitioner.
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