Assessee claimed deductions in respect of long-term capital gain/short-term capital loss while filing his returns under section 139  Claims were accepted by Assessing Officer. Later, search proceedings were initiated against assessee and his family members and companies owned by him.  They immediately retracted and filed revised returns, waiving claims of deductions.  Complaints were lodged against them for offence punishable under section 276C.  Assessees submitted that they had sold certain shares and earned long-term capital gains all through banking transactions with stockbrokers in relation to advice stockbrokers had rendered. However, stocks in respect of which gains were made were not same as stocks in respect of which deductions were claimed. The assessee also  submitted that it was not a case where ipso facto evasion of tax could be laid against assessees.On appeal the  High Court  held that, on facts, it was a case of delayed payment of tax as revised return was filed after search was conducted on assessee and merely because claims of deductions were not accepted or were not acceptable to revenue, that by itself would not amount to wilful evasion of tax, therefore, proceedings pending before Special Court against assessee were to be quashed.   SLP filed by revenue against  the order of High Court was dismissed-(AY. 2010-11 to 2012-13)