1989 (1) TMI 20 - HC - Income Tax

Arrest And Detention For Recovery Of Tax, Bailable And Non-bailable Warrants, Offences And Prosecution

Summary

Issues:
Complaints under sections 276B and 278B of the Income Tax Act, 1961 - Failure to deposit tax deducted - Application for anticipatory bail - Conversion of non-bailable warrants into bailable warrants.

Analysis:
The judgment by KAPUR J. deals with complaints filed against partners of a firm for failing to deposit tax deducted while paying interest to creditors. The total tax amount deducted was Rs. 1,33,810, which was subsequently deposited along with interest at 15% per annum, totaling Rs. 6,686. The petitioners sought anticipatory bail, arguing that the tax was deposited with interest after a mistake and no penalty notice under section 221 of the Income Tax Act was issued. The court considered previous cases and found that since the tax was deposited before the complaint, the nature of the offense needed examination. Consequently, the non-bailable warrants were converted into bailable warrants, and the petitioners were directed to appear before the Chief Judicial Magistrate (Economic Offences), Jaipur, by a specified date.

The judgment allowed the bail application of the petitioners and directed the conversion of non-bailable warrants into bailable warrants. The SHO/Arresting Officer/Investigating Officer was instructed to release the petitioners on bail upon arrest, provided they furnish a personal bond and sureties. The conditions of bail included making themselves available for interrogation, refraining from influencing witnesses, and obtaining court permission before leaving India. The decision was based on the deposit of tax with interest and the petitioners' willingness to face trial, leading to the conversion of warrants and grant of bail under specified conditions.