[11/5, 08:29] Sekarreporter 1: [11/5, 08:16] Sekarreporter 1: Madras HC refuses to quash prosecution under 276C(1) of Income Tax Act.
Justice Ilanthiraiyan on 28.10.2020 dismissed a Quash Petition filed by Petitioner praying to quash the Criminal Complaint lodged by the Deputy Director of Income Tax, Investigation Wing before the Economic Offences ACMM Court. –
Sr Counsel B.Kumar for Petitioner
Mrs.M.Sheela Spl Public Prosecutor for Income Tax
Held – Assessment proceedings and Criminal Prosecution are independent of each other.
Setting Aside of Assessment Order and remanding back for fresh consideration by Tribunal cannot be ground to quash criminal proceedings.
Complaint independent of Assessment proceedings and is lodged on Inquiry by the Investigation Wing of IT.
[11/5, 08:16] Sekarreporter 1: CRL.O.P.No.3891 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.3891 of 2020
and Crl.M.P.Nos.2232 & 2233 of 2020
Rohit Kumar Nemchand Piparia
No.34, Old No.77,
Swatik Dyechem Industries,
Maddox Street, Choolai,
Chennai – 600 112. … Petitioner
The Deputy Director of Income Tax (Inv)
Unit – 4(3),
No.46 (Old No.108)
1st Floor, Room No.125,
Nungambakkam High Road,
Chennai – 600 034. … Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.
praying to call for the entire records in E.O.C.C.No.401 of 2018 on the file of
the Court of the Additional Chief Metropolitan Magistrate, Economic
Offences-II, Egmore, Chennai and quash the entire proceedings as against the
Page 1 of 22 http://www.judis.nic.in
[11/5, 08:17] Sekarreporter 1: CRL.O.P.No.3891 of 2020
For Petitioner : Mr.P.Kumar, Senior Counsel
For Mr.P.Meghana Nair
For Respondent : Ms.M.Sheela
Special Public Prosecutor
for IT Cases.
This petition has been filed to quash the proceedings in
E.O.C.C.No.401 of 2018 on the file of the Court of the Additional Chief
Metropolitan Magistrate, Economic Offences-II, Egmore, Chennai, thereby
taken cognizance for the offence under Section 276C(1) of the Income Tax
Act, 1961, as against the petitioner.
2. Mr.P.Kumar, learned Senior Counsel appearing for the petitioner
would submit that the respondent lodged complaint for the offence under
Section 276C(1) of the Income Tax Act, 1961, alleging that during the course
of the enquiry by the investigation wing it was noticed that in the bank account
maintained by the petitioner, there was unusual credit of large amount through
RTGS and funds were debited for investment in the stock market. The
petitioner had entered into 165 share transaction during the financial year
2007-08 and filed his return of income for the assessment year 2008-09 on
Page 2 of 22 http://www.judis.nic.in
[11/5, 08:17] Sekarreporter 1: 🌹🌹
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