9911796707
TMI Blog2020 (10) TMI 1266X X X X Extracts X X X X X X X X Extracts X X X X ..... HELD THAT:- When we have gone through the pleadings it is observed that the grounds urged by the petitioners in contending that when the petitioner has approached settlement commissioner to resolve the matter regarding payment of tax on escaped income, question of initiating proceedings by filing complaint does not arise is not acceptable in the light of judgment [ 1993 (4) TMI 50 - PUNJAB AND HAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 417 of IPC, 1860 in Financial Year 2016- 17 and also seeking stay on all consequential proceedings pursuant to complaint dated 02.04.2019. In support of this, they try to rely upon their attempt to approach the Settlement Commissioner to pay the tax as per the disclosure made by them. The contention of learned counsel for the petitioners in this proceedings is that since proceedings are a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in 2004 ITR 450 (P H) as contended by the counsel for the respondent. After going through the statement of objections with reference to the judgment referred to ( supra) we noticed that the observations made in this aforesaid judgment is as under: ffences and prosecution-Complaint filed under Sections 276C and 277-Application filed before Settlement Commission-Application admitted-Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted the petition and the proceedings before the Commission were allowed to be proceeded with, that all proceedings including the prosecution should be stayed and that the criminal complaint of the Commissioner should be quashed: Held, that, when the complaint was instituted, the Commission had not yet allowed the proceedings on the application of the petitioner to proceed further. In this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds raised by the petitioners in this proceedings is already covered by the judgment referred to ( supra) and in the light of aforesaid factual situation we find that the question of entertaining this writ petition either to quash the complaint registered against the petitioners dated 02.04.2019 vide Annexure P-1 or to interefere with the same at this juncture in any manner does not arise. Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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