1991 (9) TMI 56

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....os. 672, 67-3, 674, 675, 676, 677, 678, 679, 680, 681 and 682 of 1989, preferred against the order of Shri S. K. Chopra, Additional Sessions judge, Hoshiarpur, dated July 10, 1987. I will draw up the facts in brief from Criminal Revision No. 673 of 1989. Prosecution under section 194A read with section 276B of the Incometax Act, 1961, was instituted against the present petitioners by the Income....

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....-tax was deposited on November 13, 1984, thus committing a default of 31 months in making the deposit. Proceedings under section 201(1) of the Act were initiated and interest at the rate of 12 per cent. per annum was charged. The assessee had committed a default with respect to the cash amount, but, keeping in view the provisions of section 201, only 2 defaults have been clubbed together. Failure ....

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....manded the case to him for further enquiry according to law. Shri G. S. Punia, learned counsel for the petitioner, has urged that, since the amount in question had been duly deposited, no offence had been committed ; secondly, since the Income-tax Department had only charged interest on the amount deducted at source and no penalty had been imposed, no criminal prosecution should be launched and....

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....atter to be considered at the trial by the learned Magistrate. It was open to the income-tax authorities to impose penalty on the amount which had not been deposited. It is a different matter that the Income-tax Officer felt satisfied by charging only interest on the late deposit. This fact, again, will not absolve the petitioner of criminal liability. In the complaint, it has been specifica....