1997 (7) TMI 64

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....t seeks quashment of the order dated February 9, 1993, of A. C. J. M., Indore, as also the criminal prosecution launched against him under sections 276C and 277 of the Income-tax Act, 1961 (for short "the Act"). The brief facts of the case are these. The applicant-assessee furnished a return for the assessment year 1985-86 on March 10, 1986, declaring his income as Rs. 13,850. The Income-tax Of....

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.... The Department moved this court under section 256(2) of the Act for a direction to the Tribunal to make a reference. This court, vide its order dated April 2, 1996, rejected the application observing "no case of conscious concealment is visible". The respondent-Department had in the meantime lodged a complaint in the court below alleging commission of offences under sections 276C and 277 of th....

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....nt case, the crux of the matter is attracted and whether the prosecution can be sustained in view of the order passed by the Tribunal. As noted above, the assessing authority held that the appellant-assessee made a false statement in respect of income of Young India and Transport Company and that finding has been set aside by the Income-tax Appellate Tribunal. If that is the position then we are u....