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2023 (11) TMI 1234 - MADRAS HIGH COURTProceedings pending on the file of Additional Chief Metropolitan Magistrate for the offence punishable u/s 277 - under-reporting the sales and expenses - accused approached before Settlement Commission who had granted immunity from prosecution under the Income Tax Act and as per Section 245I the order passed by the Settlement Commission shall be conclusive, thus seeked to quash the proceedings pending on the file of Additional Chief Metropolitan Magistrate (E.O.II) Egmore, Chennai HELD THAT:- Admittedly, the petitioners filed an application before the Settlement Commission as per Section 245C of the Income Tax Act, on 22.01.2018. Whereas, the prosecution was initiated two years before viz., 17.11.2016 itself. Therefore, the provisions under Section 245I of the Income Tax Act is not applicable. Further, the prosecution proceedings under Income Tax Act were launched two years before and the factum of pending prosecution was not brought to the notice of the Settlement Commission made by the petitioners that too in the year 2018. Further, the petitioners concealed the fact of such pending prosecution for the offence u/s 277 of the Income Tax Act and obtained immunity in respect of prosecution as the same was not brought to the knowledge of the Settlement Commission. That apart, as against the immunity granted by the Settlement Commission, the respondent filed an appeal and it is pending before the Board. Therefore, the grounds raised by the petitioners cannot be considered and this Court is not inclined to quash the proceedings in E.O.C.C.Nos.185 to 189 of 2016 pending on the file of Additional Chief Metropolitan Magistrate (E.O.II) Egmore, Chennai.
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