Court quashes Income-tax complaint for incorrect claims, deeming it abuse of process.

Gupta Construction Co. And Others Versus Income-Tax Officer And Others.

Gupta Construction Co. And Others Versus Income-Tax Officer And Others. - [2003] 260 ITR 415, 135 TAXMANN 88 The High Court of Punjab and Haryana, in a judgment by Judge Hemant Gupta, quashed a complaint filed by the Income-tax Department against petitioners for wrong claim of depreciation under sections 276C and 277 of the Income-tax Act. The court found the prosecution an abuse of process of law as penalty proceedings had been dropped, following Supreme Court precedents. The order of discharge passed by the Chief Judicial Magistrate was upheld, setting aside the Sessions Judge's order.