9911796707
TMI Blog2002 (12) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... dia respectively against the order dated November 24, 1992, passed by the Additional Chief Judicial Magistrate, Economic Offence, Indore, in Criminal Case No. 57 of 1990 and Criminal Case No. 56 of 1990 whereby the accused-respondent was acquitted of the offence under section 276C of the Income-tax Act, 1961 (for short "the Act"). For both the aforesaid appeals the facts in brief are that the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 1986-87, with the intention to escape from the payment of tax on the said income. The Assessing Officer, imposed a penalty of Rs. 20,000 and Rs. 15,000, respectively, for the assessment years 1985-86 and 1986-87 under section 271(1)(c) of the Act and also filed a complaint before the trial court for initiating prosecution against the respondent-assessee for the offence under section 276C of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -respondent of the offence under section 276C of the Act. Aggrieved, the appellant has filed these two appeals under section 378 of the Criminal Procedure Code. Leave to appeal as prayed for, was granted in both the appeals vide order dated December 3, 1998, by this court. I have heard Shri R.L. Jain, learned counsel appearing for the appellant, and Shri H.S. Oberai, learned senior counsel with S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s set aside the order of penalty holding that the case of deliberate concealment of the income is not made out. In view of the aforesaid finding of the Tribunal, the very foundation of the prosecution of the respondent accused, stands demolished. In the result, the two appeals filed on behalf of the appellant, deserve the fate of dismissal and they are accordingly dismissed. The accused-responden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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