2017 (8) TMI 664

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....gations that Income Tax Department had conducted search and seizure operation in the premises of accused on 24.08.2006 and during the verification so conducted by the department, the accused had made statement having glaring contradiction with regard to existence of locker No.152 with State Bank of Indore, Rewari held in the joint name of the accused and his wife. The accused had made a statement on oath denying knowledge of existence of any such locker which was proved to be a false statement purposely made before a Public Servant since this locker was actually found to be there in the name of the accused and his wife. After the complaint was filed, the accused was summoned by the Court and he put in appearance. During evidence of compl....

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....used while denying the incriminating circumstances appearing against him submitted that he was innocent and had been falsely involved in the case. After hearing arguments learned Additional Chief Judicial Magistrate, Rewari dismissed the complaint. Feeling aggrieved, the complainant has approached this Court moving an application under Section 378(4) of Code of Criminal Procedure seeking grant of Special Leave to appeal from order of acquittal dated 01.11.2010 passed by learned Additional Chief Judicial Magistrate, Rewari in complaint No.40 titled as Deputy Director of Income Tax (Inv.) Hissar vs. Dr. Kaushal Goyal. On notice, the respondent put in appearance through counsel. I have heard learned counsel for the parties and have....

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....ed and not refuted by counsel for the complainant that Income Tax Appellate Tribunal vide order dated 16.1.2013 has come to the conclusion that addition of `15.5 lacs was not sustainable in the hands of the assessee and he has explained the sources. Accordingly, the appeal of assessee (Dr.Kaushal Goyal) was allowed and addition was deleted. Thus it comes out that it was not a case of concealment of income. Learned counsel for the respondent has referred to citation M/s Shastri Sales Corporation and others Versus Income Tax Officer, Ward No.3(3), 1996 Crl.Law Journal 449 by Nagpur Bench of Hon'ble High Court of Bombay wherein penalty proceedings had been initiated under provisions of Income Tax Act, however, the criminal complaint was....