2018 (9) TMI 359

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..... d be disposed of. We find that interest of justice would be served if we dispose of this writ petition by keeping larger and wider question open. In the event, the petitioner seeks a stay of the order passed by the Assessment Officer by making a stay application, then, during the pendency of such application, the criminal prosecution should not be launched and, if it has been already launched, .....

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..... d respondent and, by the impugned order, the competent authority has granted sanction/authorization for launching prosecution 2. It is claimed that this prosecution is launched on the footing that the return was filed, it was selected for scrutiny, assessment was completed and an order was passed assessing income of ₹ 2,49,10,960/. The Department proceeds on the footing that the asse .....

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..... sought any interim relief/stay during the pendency of the Appeal and he says that, that was not sought in the hope and anticipation that the Appeal itself would be disposed of. 6. We find that interest of justice would be served if we dispose of this writ petition by keeping larger and wider question open. In the event, the petitioner seeks a stay of the order passed by the Assessment Officer b .....

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