Tag: prosecution u/s 278
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 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 278B without proof of service of notice u/s 2(35) expressing intention treating a person as Principal Officer of the Company quashed ABCAUS Case Law Citation:ABCAUS 2740 (2019) (01) AC Important Case Laws Cited/relied upon:V.P. Punj Vs. Asstt. CIT, 2001, 119 TAXMAN 543 Delhi, Sushil Suri and Ors. Vs. State & Ors. (2008) 303 ITR 86 Madhumilan Syntex Ltd. and Ors. Vs. Union of India (SC)Greatway (P) Ltd. & Ors. Vs. Asstt. CIT, 199 ITR 391 (P&C),ITO Vs. Roshini Cold Storage (P) Ltd. and Ors., (2000) 245 ITR 322 (Mad)Income Tax …
Directors equally responsible for furnishing of return of company as is the managing director. High Court declines to interfere prosecution u/s 276CC ABCAUS Case Law Citation: ABCAUS 2618 (2018) (11) HC Important Case Laws Cited/relied upon: Sasi Enterprises v. Assistant Commissioner of Income Tax (2014) 5 SCC 139 …
Release of convicts prosecuted under Income Tax Act on probation- Special Judge dismiss Revenue’s appeal delay condonation application for casual approach ABCAUS Case Law Citation: ABCAUS 2574 (2018) (10) AC Important Case Laws Cited/relied upon by the parties: Mohd. Hasim Vs State of UP State of Nagaland Vs.Lipok …
Chartered Accountant held guilty u/s 278 for abating firm to evade tax by signing accounts without verifying the stock statement submitted to bank ABCAUS Case Law Citation: ABCAUS 2323 (2018) (05) AC Important Case Laws Cited/relied upon by the parties: Sudeep Jain vs M/s ECE Industries Ltd in …
Prosecution u/s 276B of directors as Principal Officer upheld as they failed to disclose who was managing the affairs of the company ABCAUS Case Law Citation: ABCAUS 2282 (2018) (04) TC The instant judgment was made in a revision petition filed by the defaulting company and its principal …
Order of prosecution for TDS late deposit open to judicial review but in a limited manner to ensure that the authority has acted fairly and reasonably-High Court ABCAUS Case Law Citation: ABCAUS 2274 (2018) (04) HC The Petitioner company had filed a writ petition against the order passed …