TaxTMI 
TaxTMI 
2001 (2) TMI 12
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....pecial Leave Petition (Crl) 3141 of 2000 - -<br>Income Tax<br>Judge(s) : S. RAJENDRA BABU. and S. N. PHUKAN. JUDGMENT The judgment of the court was delivered by S. RAJENDRA BABU J.--- Twelve cases were lodged against the respondents under the Income-tax Act, 1961 (hereinafter referred to as "the Act"), before the Metropolitan Magistrate for offences punishable under the Act.....
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....f the criminal court and the appellate. authorities felt that it would be appropriate to grant an interim order of the following nature : "ORDER The work of recording evidence shall proceed. However, passing of order about framing of charge, discharge of the accused or acquittal of the accused shall be stayed during pendency of the appeals by the accused before the income-tax appellate autho....
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....y independent proceedings, and, therefore, there is no impediment in law for the criminal proceedings to proceed even during the pendency of the proceedings under the Act. However, a wholesome rule will have to be adopted in matters of this nature where courts have taken the view that when the conclusions arrived at by the appellate authorities have a relevance and bearing upon the conclusions to ....
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.... which according to the assessing authority has escaped assessment and this issue was dependent on the conclusion reached by the Appellate Tribunal and hence the prosecution could not be sustained. In Uttam Chand v. ITO [1982] 133 ITR 909 (SC), this court held that in view of the finding recorded by the Tribunal on appraisal of the entire material on the record that the firm was a genuine firm and....