| COURT: | Chhattisgarh High Court |
| CORAM: | Prashant Kumar Mishra J |
| SECTION(S): | 271(1)(c), 276C |
| GENRE: | Domestic Tax |
| CATCH WORDS: | concealment Penalty, prosecution, tax evasion |
| COUNSEL: | S. Rajeshwara Rao |
| DATE: | June 26, 2019 (Date of pronouncement) |
| DATE: | July 13, 2019 (Date of publication) |
| AY: | - |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| Prosecution u/s 276C for tax evasion: If the assessee's appeal against levy of s. 271(1)(c) penalty for concealment of income is allowed & has become final, the quashing of prosecution is automatic. The High Court can exercise its inherent jurisdiction to quash the prosecution and not indulge in the empty formality of directing the assessee to approach the trial Magistrate (K. C. Builders 265 ITR 562 (SC) followed) | |
The subject matter of the complaint being concealment of income arrived at on the basis of the finding of the assessing officer, if the Tribunal has set aside the order of concealment and penalties, there is no concealment in the eye of law and, therefore, the prosecution cannot be proceeded with by the complainant and further proceedings will be illegal and without jurisdiction
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