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G. CHANDRASEKHARAN
Shri Dharampal R. Pandia Prop. Hermes India Ltd. , Chennai – Appellant
Versus
Assistant Commissioner of Income Tax, Chennai – Respondent
JUDGMENT
(Prayer: These Criminal Original Petitions in Crl.O.P.Nos.23069 to 23071 of 2014 are filed under Section 482 Cr.P.C. to call for records in proceeding in E.O.C.C. No. 36, 37 and 38 of 2014 relating to the Assessment year 1999-2000, 2000-2001 and 2001-2002 respectively in the court of Additional Chief Metropolitan Magistrate Court, Economic Offence - I, Chennai and quash the same.
These Criminal Original Petitions in 29667, 29668, 29669 of 201 are filed under Section 482 CrPC to call for records in proceeding in E.O.C.C. No. 107, 108,109 of 2015 relating to the Assessment Year 2002-2003, 2003-2004, 2004-2005 respectively in the court of Additional Cheif Metropolitan MagistrateCourt, Economic Offence I, Chennai and quash the same.)
Common Order:
1. These complaints are filed for the offences under Sections 276C(1), 276CC and 277 of Income Tax Act, 1961.
2. Crl.O.P.No.23069 of 2021:
The complaint in E.O.C.C.No.36 of 2014 is in respect of Assessment Year 1999-2000. The relevant accounting year is the finance year ended on 31.03.1999. Petitioner/accused is being assessed as individual having business income from his property concerned in the name and style of M/s.Herms India
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....
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 pendency of re-assessment proceedings and the setting aside of assessment orders by the Income Tax Appellate Tribunal do not bar the launch of criminal prosecution for violations under the Income....
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 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.
The main legal point established is that in cases of willful failure to furnish income tax return, the prosecution under section 276CC is not sustainable if the tax has been deposited and there are n....
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