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. Followed N.R. Agarwal Industries Ltd v. JCIT (2016) 416 ITR 578 (Guj)(HC) (AY. 1-4-1985 to 5-1-1996)
Suman Paper And Boards Ltd. v. Jt. CIT (2023)454 ITR 296/ 225 DTR 34 (Guj)(HC)
S. 276CCC : 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. [S. 132, 158BC(a)(ii), 158BFA, 277, 278B, 278E]