The assessee did not disclose short term capital gains in the return of income. The Assessing Officer made addition and also prosecution under section 276C  of the Act. The assessee moved application before the High Court for quashing the prosecution proceedings. Dismissing the petition the Court held the order of assessment had nothing to do with prosecution proceedings under section 276C and same were separate and distinct from assessment proceedings. Accordingly on facts, impugned proceedings against assessee were justified and same was to be upheld. The trial Court  was  directed to complete the trial within a period of six months from the date of receipt of copy of this Order. (AY. 2008-09)