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1984 Supreme(Mad) 540

S.A.KADER
S. R. Arulprakasam – Appellant
Versus
Smt. Prema Malini Vasan, Income Tax Officer, Central Circle-Xv, Madras – Respondent


Advocates Appeared: For

Judgment :-

KADER J.

This is a petition under section 482 of the Criminal Procedure Code to quash the proceedings in CC No. 704 of 1983 on the Me of the Additional Chief Metropolitan Magistrate (Economic Offences-1), Egmore, Madras-8. The accused is the petitioner The Income-tax Officer, Central Circle-XV, has launched a criminal prosecution against the petitioner for offences under sections 193, 420 read with section 511 of the Indian Penal Code and sections 277 and 276C(1) of the Income-tax Act of 1961, on the following averments.

The petitioner, who is the proprietor of Ratna Movies, carrying on business in distribution of films, is an income-tax assessee with the status of "individual", On October 11, 1977, the petitioner delivered his income-tax return for the assessment year 1977-78, showing a total income of Rs. 1, 03, 740. Along with the return, the petitioner also furnished a statement of profit and loss account for the year ending March 31, 1977, and trial balance as on March 31, 1977. The profit and loss account showed a collection of Rs. 14, 89, 681 for the year ending March 31, 1977. Subsequently, on March 14, 1978, a raid on the premises of his office and residence was


















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