Tag: prosecution

No prosecution under Black Money Act where details of foreign assets disclosed in revised return /  return of earlier year. ABCAUS Case Law Citation:ABCAUS 3823 (2023) (12) AC Important Case Laws relied upon by parties:Sonali Auto Private Ltd. Vs. State of Bihar & Ors: 2017 SCC Online Pat …

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 proceedings under Income Tax to be clubbed for different complaint cases on same material, evidence, documents and allegations ABCAUS Case Law CitationABCAUS 3425 (2020) (11) HC Important case law relied upon by the parties:Chandni Srivastava vs. CBI & OrsMohan Baitha vs. State of Bihar AIR 2001 SC …

Prosecution u/s 276C of Official Liquidator of company. High Court dismissed the application of Income Tax Department ABCAUS Case Law Citation:ABCAUS 3311 (2020) (05) HC Prosecution u/s 276C against Official Liquidator of company In the instant case, the Principal Commissioner of Income Tax (PCIT) had made an application …

CBDT designates CJM Court of UT of J&K as Special Courts for Trial of Offences under Income Tax Act MINISTRY OF FINANCE(Department Of Revenue)(CENTRAL BOARD OF DIRECT TAXES)(Investigation Division-V) Notification No. 09/2020 New Delhi, the 12th February, 2020 S.O. 664(E).—In exercise of the powers conferred by sub-section (1) …

Ex commissioner of central excise sentenced to rigorous imprisonment of two years for demanding and accepting illegal gratification of Rs. 15 lakhs As per press release issued by the CBI, the Additional Special Judge for CBI Cases, Visakhapatnam has convicted Sh. Surender Pal Singh @ S.P.Singh(an IRS officer …

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  …

CBDT issues Guidelines for identification & processing of cases for prosecution under Income Tax Act. Constitution of Collegium of 2 CCIT/DGIT rank officers. CBDT Guidelines for prosecution of cases  Circular No.  24 /2019 F.No.285/08/2014-IT(Inv. V)/349Government of IndiaMinistry of FinanceDepartment of Revenue(Central Board of Direct Taxes)******* Room No. 515, …

CBDT revises Guidelines for Compounding of Offences under Direct Tax Laws, 2019 Section 279(2) of the Income Tax Act, 1961 (the Act) provides that any offence under Chapter XXII of the Act may, either, before or after the institution of proceedings, be compounded by the Pr. CCIT/CCIT/Pr. DGIT/DGIT. …

Rigorous imprisonment awarded u/s 276B for delayed late deposit of TDS. Assessee had culpable mental state as he remained absent before the authorities and  also not filed application for compounding ABCAUS Case Law Citation:ABCAUS 2984 (2019) (06) AC Important Case Laws Cited/relied upon by the parties:Gopal Engineering V/s …