2003 (8) TMI 36 - HC - Income Tax

This revision has been filed against the order passed in Crl. M. P. No. 5432 of 2001, in C. C. No. 688 of 1989 on the file of the Judicial Magistrate No. III, Salem, dismissing the petition for discharge filed by the petitioner herein against whom a complaint has been given by the Income-tax Officer, for the offences punishable under sections 193, 196, 420 of the Indian Penal Code, and sections 276C(1) and 277 read with sections 278C - because of the pendency of the reassessment, the prosecution cannot be whittled down on that score and that the original assessment alone is to be considered for prosecution - revision petition of assessee is not maintainable

Summary

The High Court of Madras dismissed a criminal revision petition against the order passed in a case involving offenses under the Indian Penal Code and the Income-tax Act. The petitioner's request for discharge was denied due to a prima facie case against them. The court held that the prosecution was maintainable even though reassessment had not been completed within two years. The petition was dismissed, and the lower court was directed to expedite the case from 1989.