Court Dismisses Premature Prosecution for Unaccounted Transactions Under IPC Sections 276C(1), 201, and 204 Due to Lack of Tax Liability Proof.

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....Offences punishable u/s 276C(1) r.w.s 201 and 204 of IPC - unaccounted financial transaction - until and unless it is determined that the unaccounted transactions unearthed during search were liable for payment of tax, penalty or interest, no prosecution could be launched on the ground of attempt to evade such tax, penalty or interest. As a result, the very prosecution launched against the respondent being premature and illegal cannot be allowed to continue. - HC....