2007 (10) TMI 275

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....A J. - This application has been filed for quashing the entire proceeding against the petitioners under sections 276 and 277 of the Income-tax Act, 1961, arising out of Complaint Case No. 9(C) of 1993, T. R. No. 1240 of 1993 as well as order dated February 22, 2006, passed by the Special Judge, Economic Offences, Patna, by which the petition filed by the petitioners in respect of their discharge h....

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...., rather drastically reduced such amount to the figure of Rs. 26,000 and odd. 4. Thereafter, as submitted by the learned counsel for the petitioners, the aforesaid assessment of the Income-tax Officer was challenged before the appropriate appellate authorities and ultimately, the Income-tax Appellate Tribunal, finally decided the matter setting aside the aforesaid amount of assessment levelled ....

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....fter enhanced assessment was made by the Income-tax Officer and during the period of pendency of appeal, wherein different legal forums were approached by the petitioners in respect of challenging the aforesaid order of assessment by the Income-tax Officer passed on March 31, 1991, and, therefore, such criminal prosecution remained pending all through. 6. The learned counsel for the petitioners....

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....llate Tribunal. 8. In the facts and circumstances the learned counsel has further submitted that in the given situation, wherein there is complete absence of any mala fide intention or wilful negligence on the part of the petitioners in paying the income-tax, the very continuance of the criminal proceeding will only amount to an abuse of the process of law and wastage of valuable time of the co....