2024 (2) TMI 348 - SCH - Income Tax

Sanction for initiation of criminal proceedings - Prosecution - non filing of Wealth Tax return for the Assessment Year 1993-94 - as decided by HC 2011 (6) TMI 617 - MADRAS HIGH COURT petitioner has clearly established a case for discharge and the court below has committed an error in rejecting the contention of the petitioner that she is entitled to discharge. Before parting with the case, this court wants to make it on record that, the implementation of the Tax Legislation should be tax payers friendly and at the same time the tax evaders should not be spared. Had the sanctioning authority approached the case, keeping the same in his mind, the sanctioning authority would not have granted sanction for prosecuting the petitioner under section 35-B of the Act. HELD THAT - By the impugned order, the sole respondent has been discharged. Therefore, the criminal appeal stands abated and it is disposed of as such. Pending application(s), if any, shall also stand disposed of.

Summary

The Supreme Court judgment states that the sole respondent has died, leading to the discharge of the respondent and abatement of the criminal appeal, which is disposed of accordingly. Any pending applications are also disposed of.