2004 (11) TMI 15

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....re for Rajasthan, Jaipur Bench, Jaipur, in S.B. Criminal Miscellaneous Petition No. 1213 of 1998 whereby the High Court dismissed the petition filed by the appellant herein under section 482 of the Code of Criminal Procedure, for quashing the proceeding pending in the court of the Special Judicial Magistrate (Economic Offences), Jaipur, initiated under section 276CC read with section 278B of the I....

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....lant-firm was still not satisfied and preferred an appeal. The appeal was partly allowed and ultimately a tax liability of Rs. 1,360 only was imposed. The Income-tax Officer in the meanwhile lodged a complaint against the appellant-firm under section 276CC read with section 278B of the Income-tax Act, 1961. The prosecution lodged by the Income-tax Officer was sought to be quashed by filing a peti....

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.... final assessment was determined as Rs. 1,360. Counsel for the Revenue could not advance any argument to support the prosecution launched against the appellant, because it is clear that the total income-tax liability determined by the Department is only Rs. 1,360 which is much less than Rs. 3,000 envisaged under the proviso. We, therefore, find in the facts and circumstances of the case, that th....