1988 (10) TMI 21

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....f the Constitution of India seek to quash the complaints which have been filed against the petitioners who are the assessees. Petitioner No. 1 is a company of which the remaining petitioners are the directors. In the accounting year ending June 30, 1979, the petitioner-company sustained a loss on account of some fire having taken place in the company's premises. The said loss was reimbursed by the....

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....e should be mens rea for committing a particular crime before an assessee can be prosecuted. All bona fide mistakes made by an assessee while filling in the income-tax return forms would not necessarily amount to an intention to commit a crime and if section 276C were to be used for penalising every delinquent assessee on that score, it would wreck havoc, What is to be found by the court is as to ....

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....was that the loss of Rs. 1,00,112, if it was not deducted by the Income-tax Officer, would have resulted in an advantage to the assessee by way of double deduction and it was only when the Income-tax Officer drew the attention of the assessee that the assessee came out with story that it was a mistake of the chartered accountant. Here also, there is a snag inasmuch as the assessee could not have e....