9911796707
TMI Blog1994 (11) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the business of sale and purchase of foodgrains, oilseeds, wine, etc. Petitioners Nos. 2 to 5 are the partners of the firm. That on November 28, 1981, the Income-tax Officer, Yamuna Nagar, lodged a complaint against the petitioner-firm and its partners alleging commission of an offence under section 276C(1) of the Act and under sections 193/467/471/34 of the Code, annexure " P-1 ". The petitioner-firm moved an application before the Income-tax Settlement Commission under section 245C of the Act for settlement of its liability and all related matters in respect of the assessment years 1980-81, 198182 and 1982-83. In addition thereto, a prayer was made under section 245H of the Act for grant of immunity from prosecution under the Act or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... keeping in view the co-operation extended by the petitioners chose to impose no penalty under section 271(1)(a), (b) and (c) as well as under section 273(3) of the Act. Since the very basis of the criminal complaint stands resolved as per order, annexure 'P-5', the present complaint is nothing but an attempt to harass the petitioners. Thus, in view of annexure 'P-5', the complaint cannot succeed. The apex court in the case of Uttam Chand v. ITO [1982] 133 ITR 909 (SC) quashed such a complaint. Mr. R. P. Sawhney, learned counsel for the Department, however, challenges the contentions raised by the petitioners in support of his case for quashing of the proceedings. According to Mr. Sawhney, despite the alleged settlement, vide annexure 'P-5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee is found to be guilty of making true and full disclosure of his income by the income-tax authorities, proceedings for imposition of penalty or holding such a person guilty of fabricating some record per se would be without any foundation. It is in this context that the Settlement Commissioner observed that the powers under section 245H of the Act and the powers under section 306 of the Criminal Procedure Code are similar, i.e., to grant immunity to a person accused of evasion of income-tax. The decision in Uttam Chand's case [1982] 133 ITR 909 (SC) squarely covers the point in controversy. In the instant case, the Income-tax Appellate Tribunal, on an appraisal of the entire material on record, came to the conclusion that Smt. Janak Rani ..... X X X X Extracts X X X X X X X X Extracts X X X X
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