2002 (11) TMI 21 - HC - Income Tax

Failure to file the return within the stipulated period under the provisions of sub-section (1) of section 139 for the assessment year 1982-83 - It is alleged that assessee were liable to be prosecuted for offence under section 276CC read with section 278B of the Income-tax Act - The Direct Tax Laws (Amendment) Act, 1989, omitted the provision of Section 271 (1)(a)with effect from April 1, 1989. It is significant to notice that the omission of a provision results into an abrogation or obliteration of the omitted provision. The effect of omission in the present context is that the prosecution with respect to an offence of the year 1982-83 cannot be continued - petitioner will not be prosecuted for offence under section 276CC read with section 278B writ petition is allowed

Summary

The High Court of Rajasthan allowed a special appeal against a judgment dismissing a writ petition regarding the late filing of income tax return by a partnership firm. The court ruled that prosecution for the offense cannot continue due to the omission of relevant provisions in the Income-tax Act, and quashed the complaints pending in the Court of Chief Judicial Magistrate.