Tag: Prosecution u/s 276C
Prosecution u/s 276C and 278B upheld for not declaring income surrendered during search in return filed in response to notice u/s 153A In a recent judgment the Sessions Court has upheld the prosecution under section 276C and 278B of the Income Tax Act, 1961 (the Act) for not …
Criminal complaint against company, CA directors for tax evasion u/s 276C by way of bogus share valuation report dismissed ABCAUS Case Law Citation:ABCAUS 3754 (2023) (05) AC Important Case Laws relied upon:Solar Paper Mills Limited and Ors. vs. The State Prakash Nath Khanna & Ors vs. Commissioner of Income …
Income Tax Prosecution- Accused has no right to inspect judicial file till he is summoned by the Trial Court ABCAUS Case Law Citation:ABCAUS 3668 (2023) (02) AC Important Case Laws relied upon by parties:National Bank of Oman vs Barakara Abdul Aziz & Anr. (2013) 2 SCC 488Udai Shankar …
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 …
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 …
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 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 …
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 …
Prosecution u/s 276CC-Failure to file ITR was not willful due to seizure of documents required by assessee for examination before filing the return u/s 153A ABCAUS Case Law Citation:ABCAUS 3260 (2020) (02) HC Prosecution u/s 276CC-Failure to file ITR held not willful In the instant case, the Income …