9911796707
TMI Blog2015 (2) TMI 542X X X X Extracts X X X X X X X X Extracts X X X X ..... s that on 24.6.1999, the residential and business premises of the petitioners, were searched. Petitioner was legally bound to make a statement on oath but he intentionally made a false statement with regard to disclosure of lockers. Petitioner intentionally withheld the information regarding locker No. 8 in Bank of Baroda, Pakhowal Road Branch, Ludhiana in his name. Petitioner submitted an application dated 25.6.1999 to the Manager of the bank disclosing that he had lost the key of the locker which had been recovered from his briefcase during the course of search at business premises of M/s Neeraj Aggarwal and Company from room No. 331 at Ludhiana Stock Exchange, Ludhiana. In order to evade tax, petitioner had fraudulently removed the conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assissing Officer. If the Tribunal has set aside the order of concealment and penalties, there is no concealment in the eyes of law and, therefore, the prosecution cannot be proceeded with by the complaint and further proceedings will be illegal and without jurisdiction. The Assistant Commissioner of Income-tax cannot proceed with the prosecution even after the order of concealment has been set aside by the Tribunal. When the Tribunal has set aside the levy of penalty, the criminal proceedings against the appellants cannot survive for further consideration. In our view, the High Court has taken the view that the charges have been framed and the matter is in the stage of further cross-examination and, therefore, the prosecution may procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal proceedings against the petitioner are liable to continue. In the case of State of Haryana vs. Bhajan Lal, 1992 Supp(1) Supreme Court Cases 335, the Apex Court has held as under:- "The following categories of cases can be stated by way of illustration wherein the extraordinary power under Article 226 or the inherent powers under Section 482, Cr.P.C. Can be exercised by the High Court either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently chennelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such pow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted)to the institution and continuance of the proceedings and/or where there is specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upheld in an appeal by the Commissioner, Income Tax (Appeals). Petitioner approached the Income Tax Appellate Tribunal. Vide order dated 22.3.2011 (Annexure P-4), the penalty levied by the Assessing Officer and confirmed by the Commissioner, Income Tax (Appeals), was set aside and it was observed as under:- "In the present case, the assessee has returned undisclosed income of Rs. 25,000/-. He realized that the income returned by him was on lower side. He therefore, approached the Settlement Commission for settlement and in that process offered additional sum of Rs. 3,55,000/- for settlement which was also accepted by the Settlement Commission. The case of the assessee is squarely covered by the judgment dated 12.11.2008 rendered by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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