2009 (3) TMI 419 - HC - Income Tax

Block Assessment under section 158BC Search and Seizure The Income tax authorities conducted a raid in the residence of the assessee. A large number of documents and other incriminating materials were seized during the course of search. Assessment for the block period was done in terms of section 158BC of the Income Tax Act 1961. In this case Patna High Court-held that there is no merit in this appeal. In so far as the first question is concerned we are convinced that the three ingredients engrafted in section 132 of the Act which constitute a valid search are satisfied in the present case is answered against the assessee and in favour of the Revenue. As to the second question materials were indeed collected during the course of the search which led to the order of assessment. The second substantial question of law is also answered against the appellant and in favour of the Revenue. The appeal is dismissed. Decision in favor of revenue against the assessee.

Summary

Issues:
1. Conviction and sentencing under sections 277 and 276C (i) of the Income-tax Act, 1961.
2. Appeal against the conviction and sentencing.
3. Reduction of sentence by the appellate court.
4. Mitigating circumstances due to protracted trial.
5. Imposition of fine as an alternative to imprisonment.

Analysis:

1. The petitioner was convicted and sentenced under sections 277 and 276C (i) of the Income-tax Act, 1961, by the Chief Judicial Magistrate, Jind. The petitioner was ordered to undergo rigorous imprisonment for two years and pay a fine of Rs. 3,000 for each offense. The sentences were to run concurrently. The appeal filed by the petitioner against the conviction was dismissed by the Sessions Judge, Jind.

2. The appellate court reduced the sentence from two years to one year of rigorous imprisonment under sections 276C (i) and 277 of the Act. Despite the reduction, the petitioner sought further leniency based on the protracted trial and his personal circumstances.

3. The petitioner, a property dealer and income-tax assessee, admitted to concealing properties in his tax returns for the assessment year 1985-86. He participated in the selective scrutiny scheme, admitted the lapse, provided details of the undisclosed properties, and paid the penalty. The petitioner's counsel did not contest the conviction but emphasized the long pendency of the case as a reason for reducing the sentence.

4. Citing precedents such as R. V. Lyngdoh v. State (Delhi) Special Establishment, Harbans Singh v. State, and Des Raj v. State of Haryana, the petitioner's counsel argued that protracted trials have been considered mitigating circumstances by courts. The counsel proposed imposing a heavy fine instead of imprisonment, highlighting the petitioner's responsibilities towards his family over the past 23 years.

5. Considering the mitigating circumstances and the lengthy trial period, the court reduced the petitioner's sentence to the time already served. However, a fine of Rs. 50,000 was imposed, to be disbursed to the Income-tax Department upon deposit within three months. Failure to pay the fine would result in the petitioner not benefiting from the reduction in sentence. The court disposed of the petition with these observations.