Jt. CIT v. Suman Paper and Boards Ltd.(2024) 301 Taxman 401 / 468 ITR 106 (SC) Editorial : Suman Paper and Boards Ltd v. JCIT (2023) 453 ITR 296 (Guj)(HC)

S. 276C : Offences and prosecutions-Search cases-Failure to furnish return-Search and seizure-Block Assessment for Assessment prior to 1-1-1997-No provision for prosecution prior to that date-SLP of Revenue is dismissed. [S. 132, 158BC(a)(ii), 158BFA, 277, 278B, 278E, Art. 136]

Failure to show the additional income in the original return, prosecution was launched against the company and directors. The petitioners have filed a criminal revision petition to quash a prosecution for alleged offences under sections 276C(1) and 277 read with section 278B of the Income-tax Act, 1961, in respect of block assessment for the period April 1, 1985 to January 5, 1996. Allowing the petition the Court held that that there being no provision existing at the relevant point of time whereby the Income-tax Department could launch a prosecution as regards income disclosed in block assessments for the period between July 1, 1995 to January 1, 1997, automatically and as a direct consequence, quashing of prosecution was the only necessary corollary. SLP of Revenue is dismissed. (AY. 1-4-1985 to 5-1-1996)

Leave a Reply

Your email address will not be published. Required fields are marked *

*