A search was conducted in the year 1983, and about 54 criminal cases were initiated against the company and its directors in the year 1986 under sections 276B(ii) and 278B. In 1988, the High Court stayed proceedings pending disposal of compounding application filed by the company. In the year 2001, company paid compounding fee and payment of interest in 2017. After 15 years, the Trial Court revived the matter in 2015 and issued warrants of arrest and property attachment-including the deceased accused. Hence, the proceedings were challenged in the High Court and despite being granted multiple opportunities, the Department failed to appear to contest the proceedings. Quashing the proceedings, the High Court held that the survival of this prosecution for forty years is a patent violation of the right to a speedy trial—a fundamental right guaranteed under Article 21 of the Constitution. In fiscal offences where the exchequer has been satisfied through the recovery of tax, interest, and compounding fees, the public interest in continuing a criminal prosecution evaporates. Any attempt to revive such a trial—especially against deceased parties constitutes a gross abuse of the process of law. In the event a statutory compounding fee is accepted by the Revenue during the pendency of a stayed criminal proceeding, the offence is settled. (AY. 1983-84)
Jyotsana Investments Co. Ltd. v. R.K De (2026) 183 taxmann.com 293 / 349 CTR 406(Cal)(HC)
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Revenue had accepted statutory compounding fee under section 279 in relation to alleged offences under sections 276B and 278B-Continuation of criminal proceedings after such compounding constituted abuse of process and liable to be quashed. [S. 278B, 279, Art.21, 226]
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