9911796707
TMI Blog1993 (11) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... he officer concerned taking the income to be of Rs. 35,699. There is another firm, Young India and Transport Company in which the minor children of the appellant and his two employees were partners. During the course of the assessment proceeding, the assessing authority reached the conclusion that it was not a genuine firm and the instrument of partnership was invalid and inoperative. Thereafter, proceedings under sections 147 and 148 of the Act were initiated against the appellant and his assessment was reopened. In pursuance of the notice under section 148 of the Act, the appellant filed his return showing his income as Rs. 29,500. The return was in the prescribed form and the verification thereto was signed by him. By an order dated Marc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, he filed a petition before the magistrate to drop the criminal proceedings. The magistrate by his order dated September 2, 1979, dismissed the said application and held that the prosecution has got a right to lead evidence in support of his complaint and the court can come to the conclusion whether or not any criminal offence is made out. The learned magistrate also observed that the order of the Tribunal can be taken only as evidence. Aggrieved by the same, the appellant-assessee filed an application under section 482, Criminal Procedure Code, before the High Court and the High Court dismissed it in limine. Hence, the present appeal. Mr. R. K. Jain, learned senior counsel, submits that the averments in the complaint would clearly show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alse statement in respect of income of Young India and Transport Company and that finding has been set aside by the Income-tax Appellate Tribunal. If that is the position then we are unable to see as to how criminal proceedings can be sustained. Mr. A. Raghuvir, learned senior counsel appearing for the Department, submitted that the fact whether the firm is a genuine firm, still remains as a question to be resolved and, therefore, the proceedings cannot be quashed at this stage. We do not agree. The whole question is whether the appellant-assessee made a false statement regarding the income which according to the assessing authority has escaped assessment. So far as this issue is concerned, the finding of the Appellate Tribunal is conclusi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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