2015 (11) TMI 933 - ANDHRA PRADESH HIGH COURT
Kalluri Krishan Pushkar Versus Deputy Commissioner of Income-tax
Prosecution proceedings - Concealment of income or postponement of the tax due - penalties levied under Section 271(1)(c) - assessee willfully evaded the payment of the tax as per the provisions of the Act and committed offence punishable under Section 276(C)(2) of the Act, with deliberate default in not clearing tax dues that too, even after received of notice under Section 221(1) of the Act - petition filed under Section 482 of the Code of Criminal Procedure by the Petitioner-Accused to quash the proceedings in C.C.No.103 of 2014 on the file of the learned Special Judge for Economic offences ....... - .......
2015 (9) TMI 394 - BOMBAY HIGH COURT
Hotel Paras Garden Versus Central Bank of India
Recovery proceedings - Whether notice for recovery, as contemplated by Rule 2 was served upon the debtor ? - The prayer is, as Bank and Recovery Officer failed to comply with the mandatory provisions of Rules 48, 49, 50 and 52 of Second Schedule appended with the Income Tax Act, 1961, and did not adopt fair and proper procedure, the sale of subject property by auction, be quashed and set aside and property should be restored back to the petitioners - Held that - In this case, the petitioners did not move any application within time of thirty days though they could have done so. They have appro ....... - .......
2015 (3) TMI 105 - BOMBAY HIGH COURT
Vinod K. Bhagat Versus Tax Recovery Officer And Others
Attachment of assessee's property and bank accounts - tax dues payable by the petitioner's late father - non consideration of appeal by Jurisdictional Commissioner - Held that - The delay in the Jurisdictional Commissioner of Income Tax taking up the petitioner's grievance which even according to the Chief Commissioner was nothing but an appeal under Rule 86 of Second Schedule to the Act and disposing it of on merits, has caused prejudice to the petitioner as his grievance that the attached property does not belong to his father, has gone unattended leading to the TRO passing order ....... - .......
2012 (9) TMI 291 - PUNJAB AND HARYANA HIGH COURT
M/s PREM TAILOR AND ANOTHER Versus INCOME TAX OFFICER
Concealment of income - Penalty and demand notices issued accordingly - Criminal prosecution against assessee - Held that - Considering date of filing of the return, date of processing the return and date of issuance of the said notice, it is evident that the penalty notice, dated 24.2.1994, has been issued not in the course of survey proceedings u/s 133A but after its closure. Thus, there is jurisdictional defect in assumption of jurisdiction for levy of penalty, which cannot be cured. Consequently, the impugned penalty notice has been issued contrary to the express provisions of section 271( ....... - .......
2012 (2) TMI 216 - DELHI HIGH COURT
Dy. Commissioner of Income Tax Versus General Sales Pvt. Ltd. & Ors.
Evasion of income tax abnormal dealings search conducted - donations collected in the names of approved trusts and institutions without authority and scrupulously aiding the donors in siphoning off the donated money back to them in dubious ways, after retaining a part of the alleged donation as commission - respondents prima facie seem to have caused circumstances for enabling evasion of income tax penalty or interest chargeable/ imposable - Held that - Present case was at the stage of framing of charges, both the courts below have erred in discharging the respondents based on wrong interpreta ....... - .......
2011 (12) TMI 68 - PUNJAB AND HARYANA HIGH COURT
AXIS Bank Ltd. Versus The Commissioner of Income Tax, Ludhiana and another
Priority in recovering dues - Secured Creditors or Crown debt - Held That - secured creditor has preference over the dues of the Income Tax Department in respect of the secured assets.
2011 (5) TMI 156 - SUPREME COURT OF INDIA
Income-tax Officer, Jind Versus Mangat Ram Norata Ram Narwana
Prosecution u/s 276C(1), 277 and 278 - Posecution had led evidence to prove that revised return was filed by the firm under the name of accused Hem Raj and on that basis assessment was made by the assessing authority - There is further evidence to show that aggrieved by the order of assessing authority, appeal was preferred before the appellate authority under the signature of the accused Hem Raj, which was dismissed and the penalty was paid - At no point of time accused Hem Raj made any objection that the return did not bear his signature and was not filed by him - It is trite that admission ....... - .......
2010 (4) TMI 652 - Madras High Court
Assistant Commissioner of Income-tax Versus. NK. Mohamed Ali
Offences and prosecution false verification Willful attempt to evade tax criminal proceedings Petition discharged discharge petition filed on ground penalty cancelled by Tribunal, making prosecution groundless cancellation of penalty by Tribunal not binding on Criminal court assessee charged under Indian Penal code also court to proceed with discharge petition and after that take up matter of issue of summons to witness. - This is an unfortunate case which has been pending on the file of the lower court from the year 1992. Interests of justice would require f ....... - .......
2009 (5) TMI 85 - MADHYA PRADESH HIGH COURT
UNION Of INDIA Versus BHUPENDRA SINGH
Power of Appellate court to reverse the order of acquittal failure to furnish return - offence punishable under sections 276 and 278 - The reasons given by the trial court for acquitting the respondent appears to be reasonable and are based on evidence. It is well-settled that even if on the basis of the same evidence, if other view is possible, the appellate court will not be justified i ....... - .......
2009 (1) TMI 205 - ALLAHABAD HIGH COURT
SMT. MALTI DEVI Versus TAX RECOVERY OFFICER AND ANOTHER
Recovery of Tax Attachment and sale of property Petition purchased property from father in laws who was defaulter and against whom recovery proceedings were initiated - the Commissioner of Income-tax has referred sub-rule (6) of rule 11 of Part I of the Second Schedule to the Income-tax Act, which provides that any claim or objection preferred by a party may institute a suit in a civil court to establish the right which he claims to the property in question. The said rule furthe ....... - .......
2008 (2) TMI 324 - PUNJAB AND HARYANA HIGH COURT
Income Tax Officer, Jind Versus M/s Garg Construction Company
Non-deduction of tax at source on the payments made to the subcontractors violation of section 194(C)(2) - A perusal of assessment order proves that TDS had been deducted and income of sub-contractors had been counted as income of the Partnership Firm - averment made in the complaint by revenue is falsified - there is not even an allegation in the evidence t ....... - .......
2007 (10) TMI 275 - PATNA HIGH COURT
YOGENDRA PRASAD AND OTHERS Versus STATE OF BIHAR AND OTHERS
Application for quashing the entire proceeding against the petitioners u/s 276 and 277 tribunal set aside original assessment by directing fresh assessment assessee paid tax as per fresh assessment - absence of any mala fide intention on the part of the petitioners in paying the income-tax - continuance of the criminal proceeding for which the petitioners are f ....... - .......
2007 (9) TMI 206 - Gujarat HIGH COURT
HT POWER STRUCTURE P. LTD AND OTHERS Versus RP SHARMA AND ANOTHER
Tribunal had allowed assessee s appeal and quashed penalty imposed for (concealment of income) but proceedings were pending While the appeal was pending before tribunal, the dept. initiated criminal proceedings against petitioners held that once the order had been cancelled by tribunal, the finding ....... - .......
2007 (6) TMI 173 - MADRAS High Court
AB Shanthi Alias Venniradai Nirmala Versus Assistant Director of Inspection (Investigation).
....... - ...... e courts below by way of fine should sustain and only the sentence of two years rigorous imprisonment alone is to be set aside in lieu of march of law on this subject. In fine, the revision is allowed in part and the sentence of two years rigorous imprisonment on the accused passed in E. O. C. C. No. 207/1986 on the file of the Additional Chief Metropolitan Magistrate EO-II, Egmore, Chennai, is set aside while confirming the fine of Rs. 4,65,000.
2007 (5) TMI 149 - HIGH COURT, DELHI
RAKESH KALIA Versus INCOME-TAX OFFICER AND OTHERS
Offences and prosecution - Petitioner contended that once penalty proceedings u/s 271(1)(c) of the Act are set aside, no prosecution for the same could be launched on the ground of addition of income - Tribunal quashed the prosecution