TaxTMI 
TaxTMI 
2018 (10) TMI 137
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....e Magistrate Railway Jammu. (b) Order dated 31.03.2009 passed by the Court of Ld. Special Mobile Magistrate, Railway, Jammu whereby cognizance of the afore-titled complaint has been taken and process against the petitioner issued; (c) Proceedings being conducted against the petitioner in the aforementioned complaint, being totally illegal and abuse of process of law." 2. The petitioner claims to be running a Finance Company under the name and Style of M/s Samridhi Finance Company at Rehari Colony, Jammu. 3. The factual matrix of the case is that on 29th July, 1999, a survey was conducted by the Income Tax Department under Section 133-A of the Income Tax Act, in the premises of the aforesaid Finance Company of the petitioner and case w....
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....2009 and the impugned proceedings being conducted against the petitioner are totally illegal and contrary to the provisions of law, therefore, the same deserve to be quashed; that mere imposition of penalty under the provisions of the Income tax Act does not mean that the petitioner has committed the offence as defined under Sections 276(C) /277 of the Income Tax Act; that for constituting an offence under Section 276(C)/277 of the Income Tax Act, it is primarily to be established that the conduct of the petitioner is "willful‟ to conceal the accounts and records from the Income Tax Department; that the learned Magistrate while passing the order impugned dated 31.03.2009, has not at all recorded his satisfaction as to the committal of....
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....t sought to be evaded exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine; (ii) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine. (2) If a person wilfully attempts in any manner whatsoever to evade the payment of any tax, penalty or interest under this Act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this Act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and shall, in the discretion of th....
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....nd to seven years and with fine; (ii) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to three years and with fine." 9. Section 276-C provides for punishment in the case of willful attempt to evade tax, penalty or interest or under-reporting of income. As per section 276-C if a person willfully attempts to evade tax, penalty or interest or under-reports his income, then he shall be punished as provided under this section. Similarly, section 277 of I.T Act provides punishment for making false statement and verification in account. 10. Under the Income-Tax Act, 1961 there are various provisions for compliance with taxing provisions and the collection of taxes. The Inc....