1976 (8) TMI 7 - HC - Income Tax

Income Tax Officer not a court under s. 195(1)(b) CPC, mens rea crucial. Quashing denied; VDO protection inapplicable.

The court held that the Income Tax Officer (ITO) is not considered a court under s. 195(1)(b) of the Criminal Procedure Code. The judge emphasized that ... False Evidence, Prosecution Issues:1. Whether the Income Tax Officer (ITO) is considered a court within the meaning of s. 195(1)(b) of the Criminal Procedure Code.2. Whether the complaint filed against the accused discloses mens rea and individual acts by the other accused.3. Whether the accused is entitled to protection under the Voluntary Disclosure of Income and Wealth Ordinance.4. Whether the prosecution proceedings are independent of the assessment proceedings.5. Whether the complaint adequately implicates all accused parties.Analysis:1. The primary issue in this case is whether the ITO is deemed a court under s. 195(1)(b) of the Cr. PC. The petitioner argued that the ITO should be considered a court based on previous decisions. However, the judge analyzed the relevant provisions and held that the ITO does not fall under the definition of a court as per s. 195(3) of the Code. This conclusion was based on the specific criteria outlined in the law, which did not include the ITO as a court.2. Another issue raised was the lack of mens rea attributed to the company accused, and the absence of individual acts specified for the other accused parties. The judge noted that these matters should be examined during trial based on evidence presented. The argument to quash the proceedings based on these grounds was not accepted, emphasizing that the trial court should assess these aspects.3. The petitioner also sought protection under the Voluntary Disclosure of Income and Wealth Ordinance. However, the judge clarified that the specific provisions of the Ordinance did not apply to the present prosecution. The protection under the Ordinance was limited to certain types of prosecutions, which did not align with the current case.4. Regarding the independence of the prosecution proceedings from the assessment proceedings, the judge highlighted that the prosecution had a distinct existence irrespective of the assessment outcome. The purpose of maintaining separate proceedings was to ensure appropriate punishment for offenses beyond what could be imposed through assessments.5. Lastly, the judge addressed the argument concerning the wording of the complaint and the involvement of all accused parties. It was noted that the complaint primarily targeted the company accused, raising questions about mens rea and individual acts by other accused individuals. The judge emphasized that these issues should be examined during the trial phase, and the petition to quash the proceedings was dismissed.In conclusion, the judge ruled that the petition failed, and the criminal miscellaneous petition was dismissed, highlighting the need for further examination of the issues during the trial proceedings.