Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Application under Section 319 Cr.P.C. to add accused denied for lack of mandatory sanction under Section 279 Income Tax Act

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC held that the application under Section 319 Cr.P.C. to implead Applicants 2 to 4 as accused alongside accused No. 1-firm was without jurisdiction due to the absence of prior sanction mandated by Section 279 of the Income Tax Act. The court emphasized that mandatory sanction is a prerequisite even under Section 319 Cr.P.C. The evidence did not establish that Applicants 2 to 4 were responsible for the firm's conduct or that the offence was committed with their consent, connivance, or negligence as required under Section 278B of the Income Tax Act. Furthermore, the knowledge of their partnership was not newly discovered evidence. Consequently, the Sessions Judge erred in allowing the application, and the revision petition was allowed, quashing and setting aside the order impleading Applicants 2 to 4 as accused.....