9911796707
TMI Blog1995 (1) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings based on the criminal complaint dated March 11, 1991, filed against the petitioner-firm and its partners, namely, Satish Chawla, B. L. Chawla and Labha Mal Chawla, under sections 276C and 277 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for the assessment year 1985-86. In the complaint, it is alleged that the assessee is alleged to have wilfully attempted to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unambiguous intention of the Legislature once the petitioner filed the application for settlement before the Settlement Commission on February 15, 1989, and that petition of the petitioner was admitted by the Settlement Commission on May 10, 1991, and the notice thereof was received by the petitioner on June 5, 1991, the prosecution in relation to the same case is unwarranted, illegal and without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the details of the submissions made by learned counsel, it is not disputed that the petitioner has filed the petition before the Settlement Commission under the provisions of the Income-tax Act. On the other hand, the respondent, vide its counter which has been filed in this court as annexure R-6 itself, has stated that issues which have been settled are as follows : " 1. Determination of total ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from prosecution under the Income-tax Act and other Central laws, it cannot be said that the Settlement Commission is not seized of the basic material on which prosecution has been launched by the respondent. The legislative intention as reflected in the wording of section 245F(2) of the Act conceives of such a situation where on a specific plea raised by the parties issues have been framed which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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