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...B.N Agrawal, J.:— This application has been filed for quashing the prosecution of the petitioners under section 276C of the ...(hereinafter to be referred to as “the Act”), on the sole ground that a sum of Rs. 78,735 shown by the assessee in the return of income towards cash credit...account was treated as concealed income and a sum of Rs. 78,735 was accordingly added towards the taxable income of the assessee.2. Today a supplementary-affidavit has been filed in which...
...penalty under that provision is a civil liability. Wilful concealment is not an essential ingredient for attracting civil liability as is the case in the matter of prosecution under ...liability, willful concealment is not an essential ingredient for attracting a civil liability as is the case in the matter of prosecution under section...revenue. The penalty under that provision is a civil liability. Wilful concealment is not an essential ingredient for attracting civil liability as is the case in the matter of prosecution under ...
...1. Heard the parties.2. This application has been filed for quashing the prosecution of the sole petitioner under sections 276C and 277 of the Income-tax Act, 19...has been mentioned that the sanction has been accorded by the Commissioner of Income-tax, Ranchi, and a copy thereof was enclosed with the petition of complaint.3. The said enclosure is...him. This notice obviously cannot be treated as an order according sanction. Learned counsel appearing on behalf of the Income-tax Department has not taken the stand that the Commissioner of Income-...
...proceedings are two separate matters. He further submits that the proceeding under section 276C(2) of the Income-tax Act is a judicial proceeding. In support of his subm...would appear from annexure 3 that a notice for imposing prosecution under section 276C(2) of the Income-tax Act was issued on the petitioner on January 10, 2006 for wilf...the petitioner has wilfully evaded the payment of tax.9. The tax court in the case of ITO v. Chiranjilal Cotton Industries reported in [...
...declaration on 23 September, 2020 under section 4 of the Direct Tax Vivad Se Vishwas Act, 2020 for settlement of outstanding tax dues. Petitioner is however facing prosecution under section ...Income Tax Act, 1961. In view of Question No. 73 of the Frequently Asked Questions (FAQs) prepared by the Central Board of Direct Taxes, Government of India to deal with different aspects...Question No. 73 is in consonance with section 9(a)(ii) of the Direct Tax Vivad Se Vishwas Act, 2020. He therefore submits that interpretation given in the form of answer to Question No. 73 is correct...
...B.N Agrawal, J.:— This application has been filed for quashing prosecution of the petitioner under Section 276C and 276CC of...under Section 245C of the Act before the Settlement Commission for settlement of the case. The Settlement Commission on receipt of the said application called for a report from the Commissioner of ...Tax (hereinafter referred to as the ‘C.I.T’). The C.I.T objected to the application under Section 245C of the Act. On 21.3.1989 the Settlement Commissioner after due consideration passed an order...
...-cause notice dated 16.01.2018 issued by the respondent-Principal Commissioner of Income Tax calling upon the petitioner to show cause why prosecution under section 276C(1) of the Income ...
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SWAPNIL BHARAT SHAH
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PRINCIPAL COMMISSIONER OF INCOME TAX 5.... Subsequently, the petitioner was also visited with penalty under section 271(1)(c) of the Act on account of the said additions. Counsel for the petitioner, however, submitted that the order passed...
...Income-tax Act and hence the prosecution of the assessee under ...the respondents for offence under section 276C of the Income-tax Act.2. Notice of this petition...Income-tax Act."4. Both the sides have been heard and the record of the case is perused.5. A ba...
...Section 276C of the Income-tax Act. The object behind the enactment of Section 271(1)(c)...276C of the Income-tax Act.”4. The aforesaid decision was taken note of in...MANMOHAN, J1. The present appeal has been filed under Section 260A of Income Tax Act, 1961 (for brevity “Act” challenging the order dated 20thJuly, 2009 passed by the ...
...prosecution under Section 276C(1) of the Income tax Act, 1961 for Assessment Year 2011-12. The Appellant, in order to buy peace of mind, intends to file a compo...PER C.N. PRASAD 1. This appeal is filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)17, Mumbai dated 20.11.2015 for the...Assessment Year 2011-12. 2. Assessee has raised following grounds of appeal in its appeal: - 1. The Commissioner of Income-tax (Appeals) erred in upholding the...
..., has taken cognizance of the offence under sections 276C and 277 of the Income-tax Act, 1961.3. Learned counsel appearing on behalf of the petit...sections 276C and 277 of the Income-tax Act will be an abuse of process of the court.5. I, therefore, allow this application and quash the entire...the entire criminal prosecution launched against him in Complaint Case No. 382(c) of 1992, pertaining to Trial No. 605 of 1992 whereby and whereunder the learned Special Judge, Economic Offences, Patna...
...pendency of the appeal before the Tribunal, the Supreme Court in P. Jayappan v. S.K Perumal, First Income Tax Officer, Tuticorin , [1984] 149 ITR 696 has held ...the offences under sections 276C(1) and 277 of the Income-tax Act, 1961, and sections 193, 196 and 420 of the Indian Penal Code.3. In the complaint, the Income-tax...Commissioner of Income-tax and as he has a good chance of success in the appeal, and if the appeal is allowed then the question of prosecution will not arise, and, therefore, these proceedings hav...
...quashment of the order dated February 9, 1993, of A. C. J. M., Indore, as also the criminal prosecution launched against him under Sections 276C and 277 of the Income-...short "the Act").
2. The brief facts of the case are these. The applicant-assessee furnished a return for the assessment year 1985-86 on March 10, 1986, declaring his income...as Rs. 13,850. The Income-tax Officer then issued a letter on July 16, 1986, to furnish details of the expenses claimed at Rs. 36,023 on truck. The assessee then furnished a revised return on February...
...them in Complaint Case No. 385 of 1992 for the offences under sections 276C and 277 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').
.... Clause (iii) of the Circular read as follows :
"(iii) section 276. Willful attempt to evade tax, etc.-Prosecution under section 276C(1) of the Income ...of the Income Tax Act, 1961 (hereinafter referred to as 'the Act').
3. It appears that a complaint was filed by the Assistant Commissioner, Patna, alleging...
...of A 4. The income-tax authorities issued notice to A 1 to A 3 for submitting false return. A 1 to A 3 filed revised returns under section 139(5) of the Income-tax Act....accepted the revised return, it is impermissible for the income-tax authorities to launch prosecution under sections 276C, 277 and 278 of the Act. In that view of the matter, the order ...section 278 of the Income-tax Act. The provisions of section 139(5) read thus:“139.(5) If any person, having furnished a return under sub-section (1), or in pursuance of a notice is...
...Naresh Kumar Sinha, J.:— The petitioner, who is an income-tax assessee, has invoked the writ jurisdiction of this court to quash his prosecution under sections 276C and 277 of the ...evading tax chargeable by concealing the true particulars of his income. The certified copies of the complaint petition filed for the prosecution of the petitioner for the aforesaid offences inclu...violation punishable under sections 276C and 277 of the Act for the assessment year 1980-81, the criminal prosecution of the petitioner for committing similar offences in respect of the assessment...
...liability by furnishing inaccurate particulars of income leads to concealment of income of Rs. 1,82,146/-. Thus, the accused made himself liable to be prosecuted under Section 276C(1) of ...Income Tax Act, 1961, whereas, the sum of Rs. 56,285/- was imposed in penalty proceeding. The said order was challenged by the petitioner before the Income Tax Appellate Tribunal, Ranchi in ITA No...Tribunal's order, no offence survives under the Income Tax Act and thus quashing of prosecution is automatic. In the instant case, the penalties levied under Section 271(1)(c) were cancelled by the respond...
...to our notice by the Department that the prosecution under Section 276C(2) of the Income Tax Act,1961 has been launched
1...
IN THE INCOME TAX APPELLATE TRIBUNAL
"A" BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT...of the order passed by the Co-ordinate Bench on 14thAugust, 2019 whereby and whereunder the matter was dismissed due to low tax effect.
2. However, it has been brought...
...1. The petitioners challenge their prosecution under Section 276C of the Income-tax Act, 1961...criminal case against the petitioners under Sections 276, 277 and 278 of the Income-tax Act. The court recorded the evidence and framed charges. The petitioners filed a revision...court of this country, it cannot be said that merely because a proceeding under the Income-tax Act is pending the...
...writ, order or direction in the nature of certiorari quashing the contemplated prosecution proceedings under sections 276C and 277 of the Income-tax Act, 1961 (hereinafter referred to as ...criminal proceedings pending against the petitioner.7. In P. Jayappan v. S.K Perumal, First Income Tax Officer, Tuticorin , [1984] 149 ITR 696, the apex ...article 226 of the Constitution is called for, for quashing the notice dated February 21, 1989, issued by the Assistant Director of Income-tax (Prosecution), Meerut, against the ...