https://www.taxtmi.com/caselaws?id=32867 A criminal complaint and summoning order under the Income-tax Act and the IPC were challenged on the ground that the underlying depreciation claim had already been found bona fide by the ITAT. Because that finding negatived the allegation of a false or bogus claim, undermined the premise of tax evasion, and weakened any basis for presuming a culpable mental state, the Court held that the foundation of the prosecution had disappeared. Continuing the complaint in those circumstances was treated as abuse of process, and the complaint with all proceedings arising from it was quashed. en-us Mon, 23 Mar 2009 00:00:00 +0530 Sun, 22 Dec 2024 07:58:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=32867 A criminal complaint and summoning order under the Income-tax Act and the IPC were challenged on the ground that the underlying depreciation claim had already been found bona fide by the ITAT. Because that finding negatived the allegation of a false or bogus claim, undermined the premise of tax evasion, and weakened any basis for presuming a culpable mental state, the Court held that the foundation of the prosecution had disappeared. Continuing the complaint in those circumstances was treated as abuse of process, and the complaint with all proceedings arising from it was quashed. Case-Laws Income Tax Mon, 23 Mar 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=32867