9911796707
TMI Blog2017 (5) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner under Section(s) 276C (1) and 276C (2) of the Income Tax Act, 1961. 2. The complaint has been filed by the Assessing Officer before the Presiding Officer (Special Court), Economic Offences, Patna, alleging therein that the accused has evaded income tax, interest and penalty for the period 1993-94 and has, thus, committed offences which are liable to prosecution under Section(s) 276 C(1) and 276 C(2) of the Income Tax Act. Learned Commissioner of Income Tax has granted permission to launch prosecution under Section 279 of the Act. The Presiding Officer (Special Court), Economic Offences, Patna, on the basis of the averments made in the Complaint Petition held that there are sufficient materials for proceeding against the accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll 18.08.1997 and thereafter released on bail. 7. As a result of the petitioner-accused being named in the First Information Report, a notice under Section 148 of the Act was issued by the ACIT (Investigation), Circle-10(1), New Delhi, on the ground that the accused has inflated the expenditure and thereby a portion of income had escaped assessment. 8. The case of the petitioner-accused was transferred from the learned Commissioner of Income Tax, New Delhi to learned Commissioner of Income Tax, Patna, in exercise of powers under Section 127 of the Act. Learned Deputy Commissioner of Income Tax, Special Range-IV, Patna, issued notice to the accused under Section 142(1) of the Act directing furnishing of all papers and documents. The said n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng under Section 147 of the Act were held to be bad in law, setting aside of the assessment with a direction to pass order afresh were not just and proper. 12. The Income Tax department also filed cross-appeal before the Hon'ble Income Tax Appellate Tribunal. The assessing authority after setting aside the first order of assessment by the learned Commissioner of Income Tax (Appeals), proceeded to pass an assessment order afresh under Section 144/251 of the Act. The appeals filed by the accused were, however, dismissed by the Hon'ble Income Tax Appellate Tribunal and the appeal filed by the Revenue was allowed. 13. Petitioner-accused, then, filed an appeal before the Hon'ble Patna High Court vide M.A. No.140 of 2006 being aggrieved with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opportunity of being heard in the matter were not justified. The petitioner-accused further submitted that the Hon'ble High Court erred in not appreciating the matter in its true perspective. 16. As per the submission made on behalf of the petitioner, the said Special Leave Petition is likely to be heard by the Hon'ble Supreme Court shortly. 17. In the instant case, learned counsel for the Income Tax has appeared and made argument on behalf of Income Tax Department. 18. Learned counsel for the Income Tax has submitted that the criminal proceeding and the adjudication proceeding are independent in nature to each other. The finding in the adjudication proceeding against a person facing prosecution is not binding on the proceeding for crimi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the revenue before the Hon'ble Income Tax Appellate Tribunal was allowed. The learned Commissioner of Income Tax (Appeals) proceeded to pass an assessment order under Section 144/251 of the Act after setting aside the first order of assessment by the learned Commissioner of Income Tax (Appeals). Accused-petitioner filed an appeal before the Hon'ble High Court vide M.A. No.140 of 2006 aggrieved with the order of Hon'ble Income Tax Appellate Tribunal. The Hon'ble High Court held that no substantial question of law arose for consideration in the appeal by order dated 09.05.2012 passed in M.A. No.140 of 2006. The petitioner has filed Special Leave Petition before the Hon'ble Supreme Court being aggrieved with the order of the Hon'ble High C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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