9911796707
TMI Blog2002 (12) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted that the assessment order in respect of the opposite party in his individual capacity for the assessment year 1996-97 has been set aside but according to the petitioner it is independent assessment from the assessment of the firm and therefore cancellation of this assessment order is no way connected with the present complaint petition. - - - - - Dated:- 10-12-2002 - Judge(s) : M. L. VISA. JUDGMENT M. L. VISA J. -This application by the Union of India through the Assistant Commissioner of Income-tax, Central Circle 1, Patna, has been filed for cancelling the bail granted to the opposite party by this court on April 30, 2001, in Complaint Case No. 394(c) of 1999. According to the case of the petitioner, the opposite party ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re never made and that wrong claim of expenses in the returns was made on the basis of bogus purchases. The firm and the partners thereof were found to have deliberately and wilfully attempted to evade tax. A show cause notice as to why prosecution should not be launched against the partners of the firm under sections 276C, 277 and 278 of the Income-tax Act was issued to all partners but no response was received from them, and complaint case was instituted for the offence against the firm and its partners under sections 276C, 277 and 278 of the Income-tax Act on December 24, 1999 (annexure 1). The prayer of the opposite party for regular bail was rejected by the Second Additional Sessions Judge, Patna, on March 28, 2001 (annexure 2). Therea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Prasad and the scheme of protective assessment only authorises the income-tax authority to make a parallel assessment only to safeguard the interest of the Revenue until a final finding of the fact as to the receipt of the income and it is only on this basis it has been held by the various High Courts in the country that while a protective assessment is permissible a protective recovery is not. Reference of the decision in the case of G. L. Didwania v. ITO [1997] 224 ITR 687 (SC), has been given where, according to the opposite party, it was held that the presumption as to escaped assessment was dependent on the conclusion reached by the Appellate Tribunal, and hence the prosecution cannot be sustained. From the perusal of the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... another Bench of this court but at the same time liberty to the accused was given for renewing his prayer for bail after four months, if so advised. In this respect, the opposite party has filed a copy of an order dated July 16, 2001, of the Supreme Court passed in Criminal Appeal No. 717 of 2001 showing that the accused whose prayer for bail in a similar case was earlier rejected by another Bench of this court has been granted bail. Admittedly, the appeal against the assessment orders of the firm of which opposite party is one of the partners for the block period comprising the assessment years 1987-88 to 1997-98 is pending adjudication. The opposite party was granted bail by order dated April 30, 2001, passed by this court considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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