2000 (9) TMI 8 - HC - Income Tax

Challenge in this petition is to the orders of conviction and sentence as also order dated November 30, 1987, vide which Addl. Sessions Judge, Bhiwani, set aside the conviction and sentence of the accused-Mahender Kumar for the offence punishable under section 278 of the Income-tax Act, 1961, but, maintained the conviction and sentence for the offence punishable under section 277 of the Act, and reduced the sentence from one year and six months to nine months.- While, examining the facts and circumstances of this case, as have been referred to above, and while following the decision of this court in the case of Smt. Ram Piari, I am of the considered view that it is a fit case where the sentence awarded by the appellate court under section 277 of the Act of 1961, should be reduced to the one already undergone by the petitioner. The records of the case would reveal that the petitioner, in all, including the period when his bail was cancelled by this court, has undergone sentence of about two months. While, thus, maintaining the order of conviction under section 277 of the Act against the petitioner, I reduce the sentence, as imposed by the appellate court, to the one already undergone. - The revision petition is, thus, partly allowed

Summary

Issues:
Challenge to orders of conviction and sentence under sections 277 and 278 of the Income-tax Act, 1961.

Analysis:
The case involved a partnership firm with three partners, where the accounts were maintained by a munim. The income-tax return filed by one of the partners was alleged to have concealed income, leading to a complaint under sections 277 and 278 of the Income-tax Act, 1961, and other penal provisions. The Department's case was supported by witness testimonies establishing the firm's concealment of income. Charges were framed against the partners and the munim. One partner's revision was accepted, another partner was acquitted on appeal, and the munim passed away during the proceedings.

In the specific context of the petitioner, he was convicted under sections 277 and 278 of the Act, while being acquitted of other charges. The trial court sentenced him to rigorous imprisonment, which was later reduced by the appellate court. The petitioner, through his counsel, argued against a jail sentence due to the prolonged litigation period and minimal amount of concealment involved. Reference was made to a previous judgment highlighting the principle that undue delay in trial could result in a reduction of the sentence to the period already undergone.

Considering the circumstances and the precedent cited, the court decided to reduce the sentence imposed under section 277 of the Act to the time already served by the petitioner, totaling about two months. The revision petition was partly allowed based on this analysis, aligning with the principles established in previous judgments regarding sentencing in cases of prolonged litigation and minor offenses.

This detailed analysis of the judgment highlights the legal intricacies involved in challenging orders of conviction and sentence under the Income-tax Act, 1961, emphasizing the importance of evidence, procedural fairness, and considerations of justice in sentencing decisions.