Income Tax - Commission of offence u/s 276B r.w.s 278B - The petitioner...

Income Tax

Commission of offence u/s 276B r.w.s 278B - The petitioner neither falls within the definition of “Assessee”, “Principal Officer” nor an “Employee”. He was also not part and parcel of the management of HEC. The complaint also does not specify any overt act against the petitioner nor it has a single sentence to the effect that the petitioner is responsible for any of the acts which can attract any penal consequences nor it mentions that he was responsible for the daily affairs of the company - there is no material to summon the petitioner in the instant case by the Court below - order taking cognizance passed u/s 276B r.w.s 278B of Income Tax Act and Sections 409, 34 of IPC is quashed and set aside - HC

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