TMI Blog2019 (11) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... T] squarely applies to the facts of the present case. Therefore, I find that this is not fit case in which the supervisory jurisdiction of this Court under Article 227 of the Constitution should be invoked to stay the criminal proceedings against the petitioners in the competent court. Petitioners has argued at length on the merits of the complaint filed against them. This is not a petition for quashing the proceedings against the petitioners. Therefore, it is not necessary to advert to those contentions. - O. P. (Crl. ) No. 400 of 2019 - - - Dated:- 23-10-2019 - JUSTICE R. NARAYANA PISHARADI For The PETITIONER : ADV. SRI. DALE P. KURIEN For The RESPONDENTS : SRI JOSE JOSEPH, SC, IT AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Learned counsel for the petitioners contended that, if the statutory appeal filed by the petitioners under the Act is allowed, it would knock down the very basis of the prosecution against them and therefore, the criminal proceedings may be ordered to be kept in abeyance. Learned counsel for the petitioners has relied upon the decision of the Apex Court in K.C.Builders v. Assistant Commissioner of Income Tax : (2004) 2 SCC 731 in support of his contention. 6. There is force in the aforesaid contention. K.C.Builders (supra) was a case of concealment of income where penalty was imposed on the assessee by the assessing authority. The prosecution against the assessee was under Sections 276C(2) and 278B of the Act and Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the conclusions to be reached in the case necessarily one authority will have to await the outcome of the other authority . 8. The decision in Bhupen Champak Lal Dalal (supra) has also got application in the instant case because the decision of the statutory appellate authority regarding the assessment and computation of tax would have bearing on the prosecution against the petitioners for wilful attempt to evade tax. 9. Learned standing counsel for the first and the second respondents has invited the attention of this Court to the decision of the Apex Court in Sasi Enterprises v. Assistant Commissioner of Income Tax : (2014) 5 SCC 139 , wherein it has been held as follows: We ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons filed for identical relief . But, in those petitions, the prosecution against the petitioners is under Section 276CC of the Act and not under Section 276C of the Act. 12. In the aforesaid circumstances, in the light of the decision of the Apex Court in Bhupen Champak Lal Dalal (supra), I find that this is a fit case where the supervisory jurisdiction of this Court under Article 227 of the Constitution should be invoked to issue appropriate direction to the lower court. 13. In the result, the petition is allowed. The Additional Chief Judicial Magistrate (Economic Offences), Ernakulam is directed to keep in abeyance all further proceedings against the petitioners in the case C.C.No.65/2015 of that court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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