INCOME TAX ACT, 1961

Section 276CC

Prosecution - Offence under section 276CC - Instance of proving allegation, whether on part of revenue would arrive at later stage -

Revenue filed a complaint against assessee for offence under section 276CC alleging that she failed to file her return of income for relevant assessment year, even after she was issued notice. Assessee, pursuant to show cause notice, filed her return claiming that she reinvested entire sale consideration in a residential property and therefore, income was exempted from tax under section 54F and there was no taxable income. Revenue alleged that in spite of exemption, it was obligatory on assessee's part to file return of income and then claim exemption. Held: Complaint filed by revenue would show that revenue incorporated ingredients necessary for prosecuting assessee for offences alleged. Question as to whether revenue will be able to prove allegations in a manner known to law would arise only at a later stage. Points raised by assessee could not be considered by Court under section 482 Cr.P.C. Petition could not be entertained at instant stage and Court was not inclined to quash proceedings.

Followed:M. Jayanthi v. K.R. Meenakshi & Anr. [Crl.A.No. 1817 of 2019 Order, dt. 2-12-2019]

REFERRED : Central Bureau of Investigation v. Arvind Khanna [Crl.A. No. 1572 of 2019 dt. 17-10-2019] : 2019 TaxPub(CL) 1335 (SC) Devendra Prasad Singh v. State of Bihar & Anr. [Crl.A. No. 579 of 2019 dt. 2-4-2019 ]

FAVOUR : Against the assessee

A.Y. : 2013-14

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