SHAMPA DUTT (PAUL)
Bachhraj Bamalwa – Appellant
Versus
Assistant Director of Income Tax (Investigation), Unit – 3 (1), Kolkata – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of proceedings being Complaint Case No. C-1522 of 2018 under Sections 276C(1) and Section 277 of the Income Tax Act, 1961, read with Section 120B of the Indian Penal Code, now pending before the Court of the Chief Judicial Magistrate, at Alipore, South 24 Parganas, and all orders passed therein.
2. The petitioner states that the petitioner runs a reputed business house which deals in jewelry and precious stones under the name and style of “Nemichand Bamalwa & Sons”. The petitioner and even prior to him, his forefathers, had been in the said trade for the last few decades.
3. The petitioner states that the petitioner has been maliciously arraigned as an accused person in the impugned case, which was initiated at the behest of Assistant Commissioner of Income Tax i.e. the opposite party herein.
4. Several search and seizure operations were carried out at the business premises of the petitioner.
5. The allegations in the complaint are that:-
Prem Dass Vs Income Tax Officer reported in 1999 (5) SCC 241
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Santram Paper Mills Vs. Collector of Central Excise
Ajit Kumar Nag v. General Manager (PJ), Indian Oil Corpn. Ltd., Haldia & Ors.
Noida Entrepreneurs Association v. NOIDA & Ors. (2007) 10 SCC 385
Tata Cellular v. Union of India (1994) 6 SCC 651
Teri Oat Estates (P) Ltd. v. U.T.
Kendriya Vidyalaya Sangathan v. T. Srinivas
Hindustan Petroleum Corpn. Ltd. v. Sarvesh Berry (2005) 10 SCC 471 : 2005 SCC (Cri) 1605
Uttaranchal RTC v. Mansaram Nainwal (2006) 6 SCC 366 : 2006 SCC (L&S) 1341
Depot Manager, A.P. State Road Transport Corporation v. Mohd. Yousuf Miya & Ors.
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