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TaxTMI 
TaxTMI 
TaxTMI 
2024 (10) TMI 110
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.... reliefs as per prayer clauses (A) and (B) as under: A. This Hon'ble Court be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or anu other Writ, Order or Direction calling for the Records and Proceedings from the Court of Chief Judicial Magistrate at Panaji, Goa in A.O.A. 331/2019 and upon perusing the validity and propriety thereof, be pleased to quash and set aside the Private Complaint being A.O.A. No. 331/2019; B. During the pendency and disposal of the present Petition, this Hon'ble Court be pleased to stay the proceedings before the Court of Chief Judicial Magistrate, Panaji, Goa in Private Complaint being A.O.A. No. 331/2019. 4. The Petitioners filed their income tax returns for the Assessment Year ....
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....there was no response from the Department. 7. Suddenly, in the year 2019, a criminal complaint under Section 200 of Cr.P.C. for the offence punishable under Section 276C (2) read with Section 278B of the Income Tax Act was launched against the Petitioners. The complaint filed in the year 2019 only refers to the self-assessment and the default in paying the tax which is assessed by the Department together with interest and penalty. 8. Mr. Rao appearing for the Petitioners would submit that in the present peculiar circumstances, there is no question of any wilful default or attempt on the part of the Petitioners to evade the tax liability. He submits that by filing self-assessment returns, showing the liability of more than Rs. 28 lakhs, th....
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.... scope of Section 276 and more particularly on "wilful act", observed as under: "8. Wilful attempt to evade any tax, penalty or interest chargeable or imposable under the Act under Section 276-C is a positive act on the part of the accused which is required to be proved to bring home the charge against the accused. Similarly a statement made by a person in any verification under the Act can be an offence under Section 277 if the person making the same either knew or believe the same to be false or does not believe to be true. Necessary mens rea, therefore, is required to be established by the prosecution to attract the provisions of Section 277. We see nothing in Section 132 (4-A) which would establish the ingredients of aforesaid two cri....
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....so observed that there must be a wilful act including mens rea to evade the tax. Thus, the observations of the learned Single Judge in the case of Unique Trading Company (supra) are clearly applicable to the matter in hand. 14. The correspondence exchanged between the parties, would clearly go to show that the Petitioners filed the self-assessment returns showing the tax liability for more than Rs. 28 lakhs for the Assessment Year 2013-2014. The correspondence further shows that the Petitioners sought time to pay the assessed tax and that too, by installments. However, it is also a matter of record that such tax was not paid and accordingly, a show cause notice was issued in the year 2016 by the Department. The Petitioners filed a reply to....
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....ion obtained in the year 2017. There is absolutely no reference with regard to the payments made by the Petitioners in the year 2017-2018 as reflected in the letter dated 28.03.2018. Thus, the payment of the tax liability was deposited by the Petitioners about a year ago, prior to filing of the complaint. There is no whisper of such deposits made by the Petitioners in the entire complaint. The averments in the complaint would go to show that the Petitioners failed to pay the self-assessment tax together with interest and penalty. Thus, when the self-assessment tax was deposited much prior to the filing of the complaint and intimated to the department vide letter dated 28.03.2018, it was incumbent upon the complainant to obtain a fresh autho....