9911796707
TMI Blog2017 (12) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... gular touch with Tapas Kumar Dutta. The case of this petitioner stands on different footing to that of the other officials of the Income Tax Department, because no incriminating cash or asset was recovered/ collected from their possession to suggest that the same was bribe money and the only allegation against them is that they have reassessed the income tax files as per the observation and direction given by the main accused Tapas Kumar Dutta, while he was setting aside the original assessment orders. Thus, case of this petitioner cannot be equated with the Income Tax Officers and thus is absolutely different. Bail application rejected. - B.A. No. 7351 of 2017 - - - Dated:- 18-12-2017 - Hon'ble Mr. Justice Ananda Sen For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed in this case, which has been brought on record. 6. This petitioner is not a public servant. The petitioner is alleged to be functioning as a custodian of ill gotten money of the principal accused Sri Tapas Kumar Dutta. It is alleged that a cartel of businessmen paid huge bribe to Tapas Kumar Dutta for getting their income tax files reassessed and the petitioner is one of them. It is stated that the petitioner is the Controller of M/s Highrank Advisory Services Private Limited and Sri Tapas Kumar Dutta issued favourable orders by abusing his position and the money which was collected, was stashed with this petitioner. It is further alleged that this petitioner paid interest @ 6% for the said deposited illegal money to Tapas Kumar Du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the main accused Tapas Kumar Dutta and the businessmen, who got indulged in this activity. He further submits that the petitioner is shown as a controller because he was controlling the affairs of the company so far as it relates to the commission of the crime. It is further submitted that huge money was given to the main accused Tapas Kumar Dutta by this petitioner and others and in fact, said Tapas Kumar Dutta had parked the ill gotten money with this petitioner and others and he was taking interest there from. He further submits that in charge sheet, after investigation, the CBI has found this petitioner to be one of the conduits in the crime. He further submits that it has come during investigation that there was huge amount of gold/j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nderstood that he was one of the main person, who was feeding Tapas Kumar Dutta. It is pertinent to mention here that huge ill gotten money/cash and other evidence, which prima-facie supports the payment of bribe, has been recovered from the house of Tapas Kumar Dutta, but nothing was recovered from the other income tax officers to suggest quid pro quo. The call details also suggest that this petitioner was in regular touch with Tapas Kumar Dutta. Thus, the case of this petitioner stands on different footing to that of the other officials of the Income Tax Department, because no incriminating cash or asset was recovered/ collected from their possession to suggest that the same was bribe money and the only allegation against them is th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
