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2021 (8) TMI 432 - HC - Income TaxEconomic Offences u/s 276B against the petitioner - Liability of directors - Failure to pay tax to the credit of Central government under Chapter XIID or XVIIB - Offences by companies u/s 278B - HELD THAT:- In the present case, the DIR-12 Form produced by the petitioner shows that she had resigned as a Director of the accused No.1 company on 17.02.2016 itself. As such, she cannot be prosecuted on the ground that she is a Director of the Company at the relevant point of time. The complaint does not have a single averment about any of the persons said to be Directors of the 1st accused Company. In view of the aforesaid Judgments of National Small Industries Corporation Limited vs. Harmeet Singh Paintal and another [2010 (2) TMI 590 - SUPREME COURT] the proceedings against the petitioner in C.C.No.80 of 2019 on the file of the IV Additional District Judge-cum-Special Judge, Economic Offences Court at Visakhapatnam under Section 276B of Income Tax Act, 1961 has to be quashed on both grounds, namely, that the petitioner was not a Director of the company at the relevant point of time and there are no allegations of any nature against the petitioner required under the provisions of Section 278B of the Income Tax Act, to rope the petitioner into the complaint. Accordingly, the criminal petition is allowed quashing order of Additional District Judge-cum-Special Judge, Economic Offences Court at Visakhapatnam under Section 276B of Income Tax Act, 1961 against the petitioner herein.
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