Category: Trial Court
Application u/s 202/203 CrPC – Accused cannot ask Trial Court to decide contentions raised by him at pre-summoning stage ABCAUS Case Law Citation:ABCAUS 3661 (2023) (02) AC Important Case Laws covered:Nupur Talwar v. CBI & Anr.State of Bihar and Another vs. P.P. Sharma and Another, 1992Manharibhai Muljibhai Kakadia …
Trial Court to carry out an enquiry u/s 202 CrPC before issuing summons to non jurisdictional assessee in Income Tax Proceedings. ABCAUS Case Law CitationABCAUS 3648 (2023) (01) AC Important Case Laws relied upon:Vijay Dhanuka and Ors vs Najima Mamtaj and Ors,Confident Projects (India) Pvt. Ltd and Ors …
Prosecution u/s 276C(1) / 277 based on information / photocopies received under DTAA for third country non sustainable In the instant case, the Income Tax Department (Revisionist) had filed a revision petition against the impugned order passed by the Court of Additional Chief Metropolitan Magistrate (ACMM) discharging the …
Summon under Black money act-Allowing additional documents by ACCM Court u/s 311 Cr.P.C. not amendment of complaint ABCAUS Case Law CitationABCAUS 3481 (2021) (04) AC In the instant case, revision petitions had been filed before the Sessions Court by the accused against the impugned order passed by the …
Prosecution u/s 276C(2) quashed as accused filed revised return which was assessed refund was granted by the Department ABCAUS Case Law CitationABCAUS 3443 (2021) (01) AC In the instant case, the Assistant Commissioner of Income Tax, (ACIT/AO) had filed a complaint against the accused assessee for the offence …
Prosecution 276C – denial of exemption from personal appearance and issuance of NBW was Interlocutory order not amenable to revision ABCAUS Case Law Citation:ABCAUS 3288 (2020) (03) AC Important case law relied upon by the parties:K. K. Patel vs State of Gujarat, (2000) 6SCC 195Neelam Mahajan vs The …
Income tax department not entitled to make application to Court for returning seized property. Sessions Court dismissed Revision Application ABCAUS Case Law Citation:ABCAUS 3209 (2019) (12) AC Important case law relied upon by the parties:Union Bank of India Vrs. Judicial Magistrate 1983 ITRDeputy Director of Income Tax (Investigation) Vrs..State of Gujarat and Anr 319 ITR …
Revision Petition against issue of non bailable warrant u/s 50 of Black Money Act dismissed as NBW do not decide or touch important rights or liabilities of parties. ABCAUS Case Law Citation:ABCAUS 3184 (2019) (10) AC Important case law relied upon by the parties:Inder Mohan Goswami and Ors Vs. State of Uttaranchal and Ors Revision Petition against …
Prosecution filed without initiation of assessment proceedings upheld. Compounding or approaching Settlement Commission not a natural right – Sessions Court Faced with the presumption u/s 278E of Income Tax Act, it is for the accused to lead evidence before the Trial Court and to dispel the presumption by …
Prosecution u/s 276CC quashed as accused age was more than 70 years at the time of commission of offence as per CBDT Circular and as held by Supreme Court ABCAUS Case Law Citation:ABCAUS 3163 (2019) (10) ITAT Important case law relied upon by the parties:Arun Kumar Bhatia v. …
