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SANJAY KUMAR DWIVEDI
Maa Diwri Rice Mills Pvt. Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Sumeet Gadodia, the learned counsel for the petitioners, Mr. Santosh Kumar Shukla, the learned counsel for the respondent-State and Mr. R.N. Sahay, the learned Sr S.C appearing for the Income Tax Department.
2. This petition has been filed for quashing of the entire criminal proceeding arising out of Complaint Case being Economic Offences Case No. 4 of 2019, including the order taking cognizance dated 03.05.2019 passed by the learned Special Judge, Economic Offences, Ranchi for the alleged offence under section 276CC read with Section 278B of the Income Tax Act, 1961 and the case is pending in the court of learned Special Judge, Economic Offences, Ranchi.
3. The complaint case is filed alleging therein that O.P. No. 2 is Income Tax Officer posted at Ward 2(1) at Ranchi and the complaint has been filed in his official capacity at the instance of the Principal Commissioner of Income Tax, Ranchi. It is alleged that M/s Maa Diwri Rice Mills Pvt. Ltd having its unit at Poradih, Salgadih, N.H.33, Tamas, PS Tamar, District Ranchi is an assessee under the Income Tax Act, 1961 and it has been found that during the demonetization period from 8.11.
The main legal point established in the judgment is that once penalties are cancelled due to no concealment of income, the quashing of prosecution under Section 276CC of the Income Tax Act is automat....
The deposit of TDS amounts with interest should be considered before initiating criminal proceedings under Sections 276(B) and 278(B) of the Income Tax Act.
An annulled penalty under the Income Tax Act negates the foundation for criminal prosecution for concealment unless reversed, thus quashing ongoing prosecution.
The main legal point established in the judgment is that willful concealment of income and failure to file income tax returns within the stipulated time constitute an offence under Section 276CC of t....
object of launching criminal prosecution for wilful default in complying with the provisions of the Income Tax Act is to prevent evasion of tax
The main legal point established in the judgment is the significance of timely filing of the Return of Income, the consequences of wilful attempt to evade tax, penalty, and interest chargeable, and t....
The main legal point established in the judgment is the requirement of a positive act with a design to evade the liability to pay tax under Section 276C(2) of the Income Tax Act, 1961.
The main legal point established is that the failure to remit tax, without evidence of a wilful attempt to evade tax, does not constitute an offence under Section 276 C (2) of the Income Tax Act.
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