Allowing the petition and reversing the order of High Court the Court held that Circular binding on revenue. Department providing for prosecution only in cases where penalty exceeding Rs. 50,000 imposed. Circular is binding on revenue. Court also held that where the Settlement Commission granting immunity-continuation of prosecution an abuse of process of law. Continuation of prosecution in blatant disregard of binding circular and in defiance of guidelines of Department. Such wilful non-compliance of its own directives reflected a serious lapse, and undermined the principles of fairness, consistency, and accountability, which could not be treated to be justified or lawful. Honourable Court imposed Costs of Rs, 2,00,000 against the Revenue payable to the appellant.
Vijay Krishnaswami alias Krishnaswami Vijayakumar v. Dy. DIT (2025) 479 ITR 467 (SC) Editorial : Vijay Krishnaswami alias Krishnaswami Vijayakumar v. Dy. CIT (2025) 479 ITR 442 (Mad)(HC)
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Penalty waived-Circular of Board and prosecution manual of Department providing for prosecution only in cases where penalty exceeding Rs. 50,000 imposed-Circular binding on revenue-Circulars dated 24-4-2008 and 9-9-20191-Circular binding on revenue-Settlement Commission granting immunity-continuation of prosecution an abuse of process of law-Strictures-Costs of Rs. 2,00,000 was awarded against the Department, payable to the appellant. [S. 119, 245H, 245I, 279(IA), Art. 226]
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