1986 (12) TMI 17 - HC - Income Tax

Court Upholds Prosecution Authorization Despite Reduced Findings

The court upheld the validity of the Commissioner's authorization for prosecution despite a reduced income concealment finding by the Appellate Tribunal. ... Appeal To Tribunal, Finality Of Findings Of Fact, Firm, Offences And Prosecution Issues Involved:1. Validity of the Commissioner's authorization for prosecution.2. Continuation of prosecution against partners found innocent by the Appellate Tribunal.3. Impact of partners' innocence on the prosecution of remaining accused.4. Liability of a juristic person (firm) to be prosecuted and punished.Summary:1. Validity of the Commissioner's Authorization for Prosecution:The complaint was filed by the Income-tax Officer based on the Commissioner's authorization, which was challenged on the grounds that the authorization was based on an earlier finding of substantial income concealment, which was later reduced by the Appellate Tribunal. The court held that the authorization remains valid despite the modification of the assessment order in appeal. The prosecution does not need to wait for the final verdict of an assessment to initiate proceedings. The court referenced the Supreme Court's decision in P. Jayappan v. S. K. Perumal, emphasizing that criminal proceedings can be initiated independently of the outcome of assessment appeals.2. Continuation of Prosecution Against Partners Found Innocent by the Appellate Tribunal:The Appellate Tribunal found the partners innocent of concealment, but the court noted that the Tribunal's observations were not relevant to the assessment proceedings and did not impact the assessment itself. Therefore, the court held that the partners could not be absolved from criminal liability based on the Tribunal's findings. The court distinguished this case from Uttam Chand v. ITO, where the Supreme Court had quashed prosecution based on the Tribunal's finding of a firm's genuineness.3. Impact of Partners' Innocence on the Prosecution of Remaining Accused:Given the court's finding on the second issue, it was unnecessary to consider whether the prosecution of the remaining accused could continue if the partners were not liable.4. Liability of a Juristic Person (Firm) to be Prosecuted and Punished:The court held that the first accused firm, being a juristic person, could not be prosecuted for offences u/s 277 and 278 of the Income-tax Act, as these offences, at the relevant time, were punishable only with imprisonment, which cannot be imposed on a juristic person. The court referenced decisions from various High Courts, including Modi Industries Ltd. v. B. C. Goel and Kusum Products Ltd. v. S. K. Sinha, supporting this view. Additionally, the court found that the firm could not be prosecuted for the Penal Code offences mentioned in the complaint, as these offences require actions that can only be committed by natural persons.Conclusion:The complaint against the first accused firm, M/s. Metalex Agencies, was quashed. However, the case will proceed against the remaining accused. The court directed the Chief Judicial Magistrate (Economic Offences), Ernakulam, to expedite the case's disposal.