2001 (9) TMI 73

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..... ed on March 29, 1988, as also the summoning order dated July 4, 1988. It is the contention of learned counsel for the petitioner before me that the substratum of the complaint was that the income of Century Plastics had escaped assessment in the hands of Shiv Charan Gupta, who has, therefore, committed an offence under sections 276C and 277 of the Income-tax Act, 1961. It is also the case put b .....

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..... ew of the fact that the assessments, which gave rise to the complaint, have ultimately been set aside by the Tribunal, the substratum of the complaint no longer subsists, no prosecution pursuant thereto could be maintained. He draws my attention to the judgment of the Supreme Court in G. L. Didwania v. ITO [1997] 224 ITR 687, where it has been held that once the assessment has been set aside, pros .....

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