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TMI Blog2019 (11) TMI 217X X X X Extracts X X X X X X X X Extracts X X X X ..... erprises [ 2014 (2) TMI 19 - SUPREME COURT] squarely applies to the facts of the present case. Therefore, I find that this is not fit case in which the supervisory jurisdiction of this Court under Article 227 of the Constitution should be invoked to stay the criminal proceedings against the petitioners in the competent court. Petitioners has argued at length on the merits of the complaint filed against them. This is not a petition for quashing the proceedings against the petitioners. Therefore, it is not necessary to advert to those contentions. - OP(Crl. ). No. 402 OF 2019 - - - Dated:- 23-10-2019 - JUSTICE R. NARAYANA PISHARADI For The Petitioners : ADV. SRI. DALE P. KURIEN For The Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Standing Counsel for Government of India (Taxes) and the learned Public Prosecutor. 5. Learned counsel for the petitioners contended that, if the statutory appeal filed by the petitioners under the Act is allowed, it would knock down the very basis of the prosecution against them and therefore, the criminal proceedings may be ordered to be kept in abeyance. Learned counsel for the petitioners has relied upon the decision of the Apex Court in K.C.Builders v. Assistant Commissioner of Income Tax : (2004) 2 SCC 731 in support of his contention. 6. The decision in K.C.Builders (supra) has no application to the facts of the present case. It was a case of concealment of income where penalty was imposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elevance and bearing upon the conclusions to be reached in the case necessarily one authority will have to await the outcome of the other authority . 8. The decision in Bhupen Champak Lal Dalal (supra) has application only in cases where the conclusions arrived at by the appellate authorities have a relevance and bearing upon the conclusions to be reached in the criminal proceedings. This is not a case of that nature. 9. Learned standing counsel for the first and the second respondents has invited the attention of this Court to the decision of the Apex Court in Sasi Enterprises v. Assistant Commissioner of Income Tax : (2014) 5 SCC 139 , wherein it has been held as follows: We al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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