2019 (6) TMI 479

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....RASIMHA SARMA JUDGMENT:- This Criminal Revision Case arises out of the order dated 17.09.2018 in Crl.M.P.No. 1521 of 2018 in C.C.No. 153 of 2017 passed by the Special Judge for Economic Offences-cum-VIII Additional Metropolitan Sessions Judge, Hyderabad. The Revision Petitioners are Accused Nos.2 and 3 in C.C.No. 153 of 2017. They have filed a petition under Section 245 Cr.P.C. to dischar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ner is not at all responsible for any past or future liabilities, losses, rates, taxes, penalties, etc. of the firm, and hence, the 2nd petitioner / A3 is no way concerned with A1-firm. The 1st petitioner - A2 has a liability to the extent of 10% only and prosecuting A2 leaving his partner of 90% liability is against the principles of natural justice. The learned Public Prosecutor for Income-Ta....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e petitioners and perused the material placed on record. The learned counsel for the petitioners has referred to the provision under Section 276-B of the Act and submits that if a person fails to pay tax to the credit of Central Government under Chapter XIID or XVIIB, he shall be punished with rigorous imprisonment for a term which shall not be less than three months but which may extend to sev....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nishment under Section 276-B of the Act. The learned counsel further submits that the petitioners may be given an opportunity to move an application before the authority concerned for compounding the offence. The order passed by the trial Court does not suffer from any infirmity or illegality, therefore, there are no grounds for entertaining this Criminal Revision Case. However, in view of the ....