Revisability of return invalidation communications under tax procedure affirmed, impugned non revisional finding quashed and matter remitted for fresh...
Transferable duty credit scrips validity and bona fide transferee entitlement to exemption upheld where scrips were subsisting at import, appeals allo...
Classification of knocked down motor vehicle component imports: Notification benefit denied because items are standalone non kit parts requiring subst...
Criminal prosecution under ss. 276C(1) and 277 of the Income-tax Act was examined where the complaint was founded on alleged concealment corresponding to a penalty for concealed income. Since the penalty order forming the very basis of the prosecution had been set aside by the Tribunal and remained undisturbed in further appellate proceedings, the substratum of the complaint ceased to exist. Applying the principle that when concealment findings/penalty are annulled the prosecution cannot survive, continuation of the criminal trial would be an empty formality. Consequently, the complaint case and all consequential proceedings were quashed. - HC
Criminal prosecution under ss. 276C(1) and 277 of the Income-tax Act was examined where the complaint was founded on alleged concealment corresponding to a penalty for concealed income. Since the penalty order forming the very basis of the prosecution had been set aside by the Tribunal and remained undisturbed in further appellate proceedings, the substratum of the complaint ceased to exist. Applying the principle that when concealment findings/penalty are annulled the prosecution cannot survive, continuation of the criminal trial would be an empty formality. Consequently, the complaint case and all consequential proceedings were quashed. - HC
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