9911796707
TMI Blog1988 (10) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... arty, and who could not render satisfactory explanation regarding some of the items so seized, has been prosecuted for an offence punishable under section 276C of the Income-tax Act, 1961, as well as section 195 of the Indian Penal Code. He has prayed that the said proceedings be quashed inasmuch as he has approached the Settlement Commission and the Settlement Commission has not only registered h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, it would not necessarily mean that the assessee has been exonerated completely or has been granted immunity and as such the criminal proceedings cannot be quashed. My attention was drawn to a decision rendered by the learned single judge of this court (coram : R. A. Mehta J.) in Criminal Revision Applications Nos. 258 and 259 of 1986 (Ashvin Kumar Vadilal Patel v. S. Rajguru [1987] 165 ITR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to continue and a decision allowed to be rendered in the proceedings and if ultimately the Commission were to grant immunity, then an anomalous situation would arise. What the learned single judge was concerned with was only up to a stage when the petition was filed before the Commission and was pending, but, in the instant case, the commission has gone a step further and recorded a finding that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions are, therefore, allowed to the extent that Criminal Complaints Nos. 562 and 580 of 1985, pending before the learned Metropolitan Magistrate, Second Court, Ahmedabad, are stayed till the Settlement Commission renders its final decision on the question of immunity. Petitions are partly allowed accordingly. Rule in each of these petitions is made, absolute to the above extent. Prosecution stay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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