TMI Blog2024 (12) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... 12-2013 - Appellant submitted that the revised income tax return was filed belatedly as the concerned records were seized in pursuance to the seizure - respondent submitted that in view of the non-compliance of the mandate in not filing the revised income tax return within time, the criminal proceedings have been initiated against the appellant. HELD THAT:- We are of the view that continuing the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hu, Sr. Adv. Mr. T. Harish Kumar, AOR Mr. Navneet Dugar, Adv. Mr. Subham Kothari, Adv. Mr. Bharathi Subramanian , Adv For the Respondent : Mr. N Venkatraman, A.S.G. (NP) Mr. Raj Bahadur Yadav, AOR Mr. Venkatraman Chandrashekhara Bharathi, Adv. Mr. H R Rao, Adv. Mrs. Kritgya Kait, Adv. Mr. Ishaan Sharma, Adv. Mr. Padmesh Mishra , Adv ORDER 1. Leave granted. 2. The appeal lies on a very narrow compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minal proceedings would be unnecessary. We are dealing with a case where the appellant did in fact file the revised income tax return, and penalty proceedings which were initiated against the appellant itself have been dropped. As a consequence, refund was also ordered. 6. We are further supported by the reasoning given in the decision of this Court in Guru Nanak Enterprises and Ors Vs. ITO, repor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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