Ayling, J - (1.)The accused in this case were prosecuted for an offence under Section 39(d) of the Indian Income-tax Act, for failure to produce their accounts in obedience to a notice issued by the Collector of Madras.
(2.)They have been acquitted by the Fourth Presidency Magistrate on the sole ground that the prosecution is barred by the second proviso to Section 24 of the same Act, which runs thus: Provided further that no prosecution for an offence against this Act shall be instituted in respect of the same facts on which a penal assessment is made under this section.
(3.)The only question for our decision is whether the Magistrate has rightly interpreted the section as barring the prosecution in this case.