Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
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Quashing of criminal proceedings is confined to exceptional cases where the FIR or charge-sheet, even if taken at face value, discloses no offence; here, the High Court held that departmental records, returns, software-generated data, bank details and witness statements disclosed a prima facie cognizable offence. The plea that the dispute fell exclusively under the VAT statute was rejected because a special fiscal remedy does not bar penal prosecution where allegations also indicate deception and fraudulent conduct. Objections based on sanction, reassessment, rival witness versions, alleged principal offender status, tax payment and delay were treated as disputed factual issues for trial. The petition for quashing was dismissed and the prosecution was allowed to continue.
Quashing of criminal proceedings is confined to exceptional cases where the FIR or charge-sheet, even if taken at face value, discloses no offence; here, the High Court held that departmental records, returns, software-generated data, bank details and witness statements disclosed a prima facie cognizable offence. The plea that the dispute fell exclusively under the VAT statute was rejected because a special fiscal remedy does not bar penal prosecution where allegations also indicate deception and fraudulent conduct. Objections based on sanction, reassessment, rival witness versions, alleged principal offender status, tax payment and delay were treated as disputed factual issues for trial. The petition for quashing was dismissed and the prosecution was allowed to continue.
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