1989 (12) TMI 30

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....f the partnership concern by Shri Shanti Lal Kapur, its senior partner in age. The income disclosed in the aforesaid return was Rs. 85,760. In the assessment order dated October 30, 1971, the income was raised to Rs. 2,64,680. In appeal, the income was reduced to Rs. 1,03,512. After reopening of the assessment proceedings, the assessee filed a revised return through Shri Suresh Kapur its added partner ; added after the assessment year 1968-69 of the return. On September 30, 1980, the income was assessed at Rs. 1,99,990. Penalty of Rs. 45,593 imposed on February 24, 1983, was waived by the Commissioner of Income-tax (Appeals), Chandigarh, on July 31, 1984. Alleging that the partnership concern and its three partners had fabricated fals....

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.... 26): "Now coming to the revised return filed on June 7,177, by Suresh Kapoor, petitioner No. 4, it is to be noticed that the Income-tax Officer did impose a penalty under section 271(1)(c) of the Act on the ground that particulars of the income to a certain extent had been concealed and inaccurately furnished. However, this order was set aside in appeal (annexure P-3) as the Commissioner of Income-tax found that the facts did not justify the imposition of penalty. In other words, it was held that in the revised return neither any income had been concealed nor inaccurate particulars of such income had been furnished. In such circumstances, in view of the finding of the Income-tax Commissioner, there was no concealment of income and no fu....

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....filed at the instance of the Income-tax Commissioner, Madras. Therefore, having regard to the provisions of section 279 of the Income-tax Act, since the offence is alleged to have been committed under sections 277 and 278 of the Income-tax Act, a complaint at the instance of the Commissioner of Income-tax by a third person is permissible." To the same extent are the observations made by the Kerala High Court in ITO v. Kerala Oil Mills [1986] 162 ITR 292, which read (headnote) : "An Income-tax Officer before whom a proceeding under the Income-tax Act, 1961, is pending is deemed to be a civil court for purposes of section 195 of the Criminal Procedure Code, 1973. A prosecution under sections 193 and 196 of the Indian Penal Code, 1860, can ....