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TMI Blog2024 (3) TMI 211X X X X Extracts X X X X X X X X Extracts X X X X ..... Judicial Magistrate No.III, Coimbatore - HELD THAT:- It is seen that, the entire prosecution initiated as against the petitioner is in pursuant to the order of assessment and penalty under Section 143(3) read with Section 153A of The Income Tax Act, 1961. Now, the order of assessment itself is set aside and as such, this Court is of the view that, initiation of the prosecution as against the prosecution cannot be sustained till the fresh assessment order is passed and therefore the C.C pending on the file of the Judicial Magistrate No.III, Coimbatore are liable to quashed. Accordingly, these Criminal Original Petitions are allowed. - Honourable Mr.Justice G.K.Ilanthiraiyan For the Petitioner : Mr.T.P.Prabakaran for Mr. N.Sankarasabari Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed an appeal before the Commissioner of Income Tax. Therefore, it is the contravention of the provision under Section 276 C (2) of the Income Tax Act for the willful attempt to evade the payment of tax and the penalty under Income Tax Act. Therefore, respondent initiated prosecution under Section 200 and 190(1)(1) of Cr.P.C., for the offence under Section 276 C (2) of Income Tax Act, 1961 read with Section 153(A) of the Income Tax Act, 1961 . Respondent also initiated prosecution for the offences under Section 276 C C of the Income Tax Act, 1961 read with Section 153(A) of the Income Tax Act, 1961 for the Assessment Year 2013 to 2014. Petitioner was served with notice under Section 153(A) to file the return of Income Tax. However, petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Act . Respondent also initiated prosecution as against the petition for non filing return of income tax for certain period. The respondent made search and found various incriminating documents with regard to investments made in movable/immovable properties and other real estate transactions. On the basis of the documents, petitioner was directed to file the return of income. Accordingly, demand was raised and it was not complied with by the petitioner. Therefore, there was huge arrears of income tax and it is a contravention under Section 276 C (1) of the Income Tax, Act. 3. On perusal of records revealed that, respondent issued show cause notices for the prosecution under Sections 276 C (2), 276 C C and 276 C (1) of Income Tax Act for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowing substantial questions of law : i. Whether the Income Tax Appellate Tribunal is correct in law to ignore the facts and documents submitted in defence by the appellant before the Commissioner of Income Tax (Appeals) as well as before the Assessing Officer for assessing the income respectively for the assessment years 2011-12, 2009-10 and 2010-11 without proper application of mind to confirm the assessment of income for certain issues ? And ii. Whether the Income Tax Appellate Tribunal is correct in law to confirm the order of the Commissioner of Income Tax (Appeals) in certain issues respectively for the assessment years 2011-12, 2009-10 and 2010- 11 for statistical purposes without appreciating the materials and evidence made availabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... haraj Associates and not in the hands of the assessee without appreciating the fact that M/s.Arputharaj Associates is only a proprietary concern of the assessee and the income of such concern is assessable only in the hands of the assessee ? ii. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in accepting the assessee's contention that the sales abstract was prepared only for obtaining bank loan at face value, without any supporting documentary evidence ? And iii. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that no addition could be made only on the basis of sales abstract found in the course of search without appreciating the decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by M/S.Arputharaj Associates. As per said sales abstract, sales for the period from 01.04.2013 to 31.03.2014 hows net sales of Rs. 12.12.92,100/- whereas sales as per profit and loss filed for the above period shows net sales of Rs. 1,00,30,100/-. The assessee was called upon to explain the difference, for which the assessee submitted that said documents is only estimated sales abstract provided for the purpose of bank loan only. However, the regular return filed with VAT authorities clearly shows sales as per profit and loss account. The Assessing Officer, however was not satisfied with the explanation of the assesse and according to the Assessing Officer, the assessee could not substantiate difference in sales as per seized documents and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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