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2018 (12) TMI 995 - HC - Income TaxOffence u/s 276C(2) - Wilful attempt to evade tax - In the case at hand, the accused filed his returns on 16.06.1998 showing his income at ₹ 48,150/-. The Income Tax Officer conducted investigation and determined the income at ₹ 29,05,126/-. The very edifice on which the prosecution was launched against the accused, has crumbled like a pack of cards. There was no necessity for the Income Tax Department to have launched the prosecution hurriedly since the law of limitation under Section 468 Cr.P.C. for criminal prosecution has been excluded by the Economic Offences (Inapplicability of Limitation) Act, 1974. In fact, even in the complaint, the Income Tax Officer has stated that the accused has approached the Income Tax Appellate Tribunal. This shows that the Income Tax Officer was aware of the fact that the accused is agitating his case before the Income Tax Appellate Tribunal, which is the final fact-finding body. Thus it cannot be stated that the accused was wilfully evading the payment of tax. But, unfortunately, the Trial Court had failed to appreciate the contention of the accused in the right perspective. - Decided in favour of assessee
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