- (1.) BY Court: This writ application has been filed for quashing the entire criminal proceeding in connection with complaint case no. 289 of 1992 pending in the court of Special Judge, Economic Offences, Jamshedpur.
(2.) IT appears that Assistant Commissioner of Income Tax, Investigation Circle, Jamshedpur filed a complaint against the petitioners alleging that they deliberately did not disclose a sum of Rs. 1,70,000/ -as income of petitioner no. 1 with a view to evade tax and gave false declaration in the return. Accordingly, it is alleged that petitioners committed offences under sections 276(C) and 277 of the Income Tax Act. Sri Biren Poddar, learned counsel for the petitioners that petitioners submits that petitioners filed a return disclosing therein that annual income of petitioner no. 1 was Rs. 2,04,040/ -. He further submits that in the said return, petitioners shown Rs. 1,70,000/ -towards the share capital of Matadin Agarwal, Pinki Agarwal and Dropadi Devi Agarwal. Thus aforesaid amount can not be treated as income of petitioners' company. It is submitted that the assessing officer wrongly treated aforesaid share capital towards the income of company ( petitioner no. 1) and added the same in the income of Company under section 68 of the Income Tax Act , 1961. It is submitted that against the order of assessing officer, petitioners filed an appeal before the Income Tax Commissioner, Jamshedpur vide Appeal No. 30/JSR/91 -92. It is submitted that the said appeal was dismissed and against that petitioners filed second appeal before the Income Tax Appellate Tribunal, Patna vide Appeal No. 1 (PAT)/92. It is submitted that the said appeal was allowed by the Tribunal vide Annexure -4 and entire addition made by the assessing authority under section 68 of the Income Tax Act, has been deleted. It is submitted that after deletion of said addition there is no deliberate concealment of income by the petitioners. Accordingly, no offence made amount under section 276(C) and 277 of the Income Tax Act.
(3.) SRI Amit Kuamr J.C to Sri Deepak Roshan, learned Senior Standing Counsel of Income Tax Department, has not disputed aforesaid statements made in this application. On query, he stated that against the order passed by Income Tax Appellate Tribunal, no further appeal under section 260(A) of the Income Tax Act, has been filed in this Court. Thus, according to him also, the order passed by the Income Tax Appellate Tribunal, Patna has become final.;