https://www.taxtmi.com/caselaws?id=771444 The HC quashed criminal prosecution under sections 276C(1) and 277 against petitioner who conducted undisclosed transactions through Swiss bank account. Following SC precedent in Radheshyam Kejriwal case, the court held that where penalty proceedings under same show cause notice were already terminated by Appellate Tribunal, continuing parallel criminal prosecution constituted abuse of process. The court applied principle that criminal prosecution cannot proceed on same facts where person has been exonerated on merits in penalty proceedings, given higher standard of proof required in criminal cases. The complaint pending before Additional Chief Metropolitan Magistrate was quashed. en-us Tue, 08 Apr 2025 00:00:00 +0530 Sat, 24 May 2025 12:05:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=771444 The HC quashed criminal prosecution under sections 276C(1) and 277 against petitioner who conducted undisclosed transactions through Swiss bank account. Following SC precedent in Radheshyam Kejriwal case, the court held that where penalty proceedings under same show cause notice were already terminated by Appellate Tribunal, continuing parallel criminal prosecution constituted abuse of process. The court applied principle that criminal prosecution cannot proceed on same facts where person has been exonerated on merits in penalty proceedings, given higher standard of proof required in criminal cases. The complaint pending before Additional Chief Metropolitan Magistrate was quashed. Case-Laws Income Tax Tue, 08 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=771444