TaxTMI 
TaxTMI 
2023 (11) TMI 761
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....2012-2013. Therefore, he was issued notice under Section 153A of Income Tax Act dated 29.04.2014 to file return of income tax within 30 days from the date of the said notice. But the petitioner did not file his return of income within the period of 30 days, but filed belatedly on 20.11.2015 by admitting the total income of Rs. 2,29,92,150/-. Therefore, the accused was issued show cause notice to show reason for not initiating prosecution. On receipt of the same, the accused replied that the delay was due to books of accounts and other materials were seized by the Income Tax Department. It is difficult for the accused to collect details with regard to 18 assessees in the group. He is aged person and suffering from hypertension and diabetes. Therefore, he was unable to file his return of income. Without being satisfied with the reply submitted by the accused, the respondent filed complaint. 3. The learned counsel for the petitioner would submit that the allegations made in the complaint neither make out any case against the petitioner nor it discloses the ingredients of offence under Section 276CC of Income Tax Act against the petitioner. The trial court had taken cognizance witho....
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....ring the search, it was also found that he had purchased the said property actually for a sum of Rs. 4,50,00,001/- . However, the petitioner did not file his return of income within the time as stipulated under Section 139(1) of Income Tax Act. He filed belated income tax return under Section 139(4) of the Income Tax Act. Further, he did not disclose the property in his return of income for the assessment year 2012-2013. He had shown the total income of only Rs. 29,92,146/-. It is relevant to extract provision under Section 139 of Income Tax Act hereunder: 139. Return of income- (1) Every person,- (a) being a company or a firm or (b) being a person other than a company or a firm, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed. 6. Thus, it is clear that t....
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....C(1) and the petitioner cannot seek indulgence of this Court to quash the entire proceedings. Though the Tribunal had set aside the penalty on the ground of limitation, it would not prevent the respondent from initiation of prosecution against the petitioner for the offence punishable under Section 276CC of the Income Tax Act. Non filing of returns has nothing to do with the adjudication of assessment proceedings. That apart, the Tribunal dropped the penalty proceedings solely on the ground of limitation. Further, the present prosecution is not based on the penalty levied under Section 271 of the Income Tax Act. When the ingredients of the offences are clearly made out in the complaint to establish that the accused had committed offence, it cannot be quashed on the ground that the penalty proceedings was dropped against the petitioner. It is relevant to rely upon the judgment of the Hon'ble Supreme Court of India in the case of Radheshyam Kejriwal Vs. State of West Bengal and another reported in (2011) 3 SCC 581, wherein the following ratio has been stated: (i) Adjudication proceeding and criminal prosecution can be launched simultaneously; (ii) Decision in ad....
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....tween the income as per original returns and the income shown in the revised returns was treated as concealed income and the assessing officer has rightly levied the penalty under Section 271(1)(c) of the Act in all these years. The assessees were unsuccessful before the Commissioner of Income Tax. Therefore, the assessee filed the appeals before the Income Tax Appellate Tribunal. Before the Tribunal, it was pointed out that since there were defects in the books of account that regard to the cost of construction, the assessee voluntarily referred the matter to the approved vauler and has revised the returns accordingly. All this was done with a view to buy piece with the Department and the returned income does not represent any concealed income. After considering the said submission, the Hon'ble Supreme Court of India held that the findings of the Appellate Tribunal was conclusive and the prosecution cannot be sustained since the penalty after having been cancelled by the complainant following the Appellate Tribunal's order, no offence survives under the Income Tax Act and thus, quashing of prosecution is automatic. The penalties levied under Section 271(1)(c) were cancelle....
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....i in the case of Principal Commissioner of Income Tax-19 Vs. Neeraj Jindal reported in (2017) 79 taxmann.com 96(Delhi), in which it is held that once the assessee files a revised return under Section 153A, for all other provisions of the Act, the revised return will be treated as the original return filed under Section 139. Further held that when the assessment officer has accepted the revised return filed by the assessee under Section 153A, no occasion arises to refer to the previous return filed under Section 139 of the Act for all purposes, including for the purpose of levying penalty under Section 271(1)(c) of the Act, the return that has to be looked at is the one filed under Section 153A. In fact, the second proviso to Section 153A(1) provides that "assessment or reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this sub-section pending on the date of initiation of the search under Section 132 or making of requisition under Section 132A, as the case may be, shall abate." Therefore, Section 153A is in the nature of a second chance given to the assessee, which incidentally gives him an opportunity to make good....