1999 (7) TMI 15

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ioners, by this application, have prayed that the order dated February 2, 1994, passed by the Assistant Director of Income-tax (Prosecution)-II, Ahmedabad, vide annexure E, calling upon petitioner No. 1 to pay Rs. 47,658 as compounding fees, be quashed and set aside. It appears from the record placed before us that for the years 1975, 1976 and 1977, the amount of tax was deducted. However, the sam....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hmedabad. It is required to be noted that the petitioners moved the learned single judge by filing three different applications under section 482 of the Code of Criminal Procedure for quashing the proceedings, raising the contentions which are raised before us. Mr. Puj, learned advocate for the petitioners, fairly stated that he is not pressing the similar prayer made in this application, as di....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the apex court in the case of Chawla (Y. P.) v. M. P. Tiwari [1992] 195 ITR 607 Section 279(2) of the Income-tax Act, 1961, confers power on the Commissioner to exercise discretion in compounding offences. The Central Board of Direct Taxes has issued instructions from time to time. The Explanation empowers the Board to issue orders, instructions or directions for the proper composition of the offe....