9911796707
TMI Blog1994 (7) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... C. C. No. 289 of 1989 on the file of the Special Judge for Economic Offences has filed this appeal against the judgment dated August 26, 1992, acquitting the respondents of offences under sections 276C and 277 of the Income-tax Act, 1961. The case against the respondents was in brief as follows : The first respondent was a private limited company carrying on business in exhibition and distribut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the income of Rs. 1,60,000 was by sale of agricultural produce was not accepted and it was further observed that R-1 company has wilfully attempted to avoid tax on Rs. 1,60,000. Gandhi Theatres (P.) Ltd. is a sister concern of the first respondent. It had purchased the leasehold rights of the film for Rs. 1,00,000 from April 1, 1983, to September 1, 1989, R-1 took on sub-lease the rights from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Income-tax, Circle-I, Vijayawada, filed a complaint against the respondent for offences under sections 276C and 277 of the Income-tax Act before the Special Judge for Economic Offences. The assessee filed an appeal before the Income-tax Appellate Tribunal while this criminal case was pending before the special court. That appeal was allowed on May 8, 1990. Exhibit P-13 is the order of the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee and by the time the appeal was filed, the Tribunal had disposed of the appeal against levying penalty. So, the Supreme Court held that the prosecution is not maintainable and acquitted the accused. In view of the above citation, the learned Special Judge acquitted the accused. On a perusal of the judgment of the trial court, I find that the Special Judge has given cogent and convincing re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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