9911796707
TMI Blog2024 (9) TMI 1456X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 5(1) of the aforesaid Act read with Rule 4 of the Direct Tax Vivad Se Vishwas Act, 2020. 2. It is the specific case of the petitioner that although the petitioner was an accused in FIR bearing Number RC-DAI-2009-A-0045 dated 21.10.2009 by CBI, ACB, New Delhi in ECIR No.31/DZ/2010 dated 09.03.2010 by the Enforcement Directorate (ED) under the provisions of the Prevention of Money Laundering Act, 2002. The petitioner was acquitted in Complaint Case No.01/14, by the Special Judge, CBI (04)/PMLA (2G Spectrum Cases). It is the further case of the petitioner is that the declarations filed by the petitioner under the provisions of the aforesaid Act and the Rules made thereunder cannot be rejected, merely because, the Department has preferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquitting the petitioner under the provisions of the Prevention of Money Laundering Act, 2002 is a continuation of the prosecution and therefore the petitioner was not entitled to settle the case under the Direct Tax Vivad Se Vishwas Act, 2020. 6. By way of re-joinder, the learned counsel for the petitioner on the other hand has placed reliance on the decision of the Hon'ble Division Bench of this Court in W.P.No.18853 of 2015 vide order dated 26.08.2015 in the case of Bharat Sanchar Nigam Limited Vs. Rajagopal and another. A specific reference was made to para 20 of the said order, which reads as under:- "20. While that be the clear finding recorded in the judgment, acquitting the respondent, under the premise of appeal, being fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fence punishable under the provisions of the Unlawful Activities (Prevention) Act, 1967, the Narcotic Drugs and Psychotropic Substances Act, 1985, the prevention of Corruption Act, 1988, the Prevention of Money Laundering Act, 2002, the Prohibition of Benami Property Transactions Act, 1988 has been instituted on or before the filing of the declaration or such person has been convicted of any such offence punishable under any of those Acts;" 9. A reading of the above provisions indicates that either a criminal case should be pending or it should have resulted in a conviction. There is no embargo for settling the dispute in respect of a person who has be acquitted before filing of the declaration. Therefore, there is no merits in the stand o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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