2020 (10) TMI 1266

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....uri For the Petitioners : Mr. Nitin Kaushal, Advocate For the Respondent-Income Tax Department : Mr. Denesh Goyal, Sr. Standing Counsel ORDER S.N. SATYANARAYANA, J.(ORAL) The petitioners herein are seeking quashing of the complaint dated 02.04.2019 (Annexure P-1) filed under Sections 276-B, 276-C and 277 of the Income Tax Act, 1961 read with Section 417 of IPC, 1860 in Financial Yea....

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.... When we have gone through the pleadings it is observed that the grounds urged by the petitioners in contending that when the petitioner has approached settlement commissioner to resolve the matter regarding payment of tax on escaped income, question of initiating proceedings by filing complaint does not arise is not acceptable in the light of judgment reported in 2004 ITR 450 (P&H) as contended b....

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.... Income-tax instituted a complaint under sections 276C and 277 of the Income-tax Act, 1961, against the petitioner-firm on the ground that it had concealed an income of Rs. 3 lakhs while filing its return. The petitioner-firm claimed that they had filed a petition under Section 245C of the Act before the Income-tax Settlement Commission, that the Settlement Commission had admitted the petition and....

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....give a direction for stay of the criminal proceedings. The mere allowing of the proceedings on the application of the petitioner by the Settlement Commission did not operate as a bar to the prosecution already instituted under the orders of the Commissioner". After giving careful consideration of the pleadings as well as the judgment referred to (supra) we are convinced that the grounds raised ....