TMI Blog2008 (8) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... y confirmed in de novo order - revenue is neither pressing for prosecution nor filed appeal against order of tribunal – hence order of tribunal attains finality and accordingly criminal complaint is quashed and appeal of assessee is allowed - 1241 of 2008 with 1242 & 1243 of 2008 - - - Dated:- 5-8-2008 - Ashok Bhan and V.S. Sirpurkar, JJ. Shri Soli Sorabjee, Sr. Counsel, for the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, during the pendency of the said appeal, respondent filed a criminal complaint being Criminal Complaint No. 17 of 1994 on 9-11-1994 against the appellant-company and some of its officials in the court of Additional Chief Magistrate (Economic Offences), Indore. The said complaint was subsequently transferred to Special Magistrate (Economic Offences), Jabalpur and was re-numbered as Criminal Case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide its order dated 3rd April 2007. It is stated that the Revenue has not filed any appeal against the said order, meaning thereby, the same has attained finality. 8. It is submitted by Mr. Soli Sorabjee, learned senior counsel appearing for one of the appellants that in view of the fact that the levy of duty and penalty have been set aside by the Tribunal vide order dated 3rd April 2007 and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
