PRINCIPAL COMMISSIONER OF INCOME TAX-4 vs. M/S. LSI INDIA RESEARCH & PVT. LTD.

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ITA/1052/2017HC KarnatakaKAHC01050901201729 August 2018Bench: S.SUJATHA,VINEET KOTHARI3 pages
AI SummaryRemanded

What did the High Court hold?

The High Court directed the Assistant Commissioner of Income Tax to consider the petitioner's application for compounding the offence in accordance with law. Appropriate orders are to be passed within four weeks.

What were the facts?

The petitioner filed income tax returns belatedly, leading to prosecution proceedings initiated by the Income Tax Department. The petitioner filed an application for compounding the offence.

What were the issues?

The primary issue was whether the prosecution proceedings should be quashed in light of the compounding application filed by the petitioner.

Which sections of the Income-tax Act were involved?

Section 482 Cr.P.C

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2018 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.1052/2017 BETWEEN:

SRI H C VISHWANATHA BABU S/O CHANNABASAPPA HOLUR, AGED ABOUT 51 YEARS, R/AT NO.D-904, BRIGADE GATEWAY, DR.RAJKUMAR ROAD, MALLESHWARAM, BANGALURU-560055

..PETITIONER

(BY SRI MURALI B S, ADVOCATE)

AND

THE INCOME TAX DEPARTMENT BY ASST COMMISSIONER OF INCOME TAX CIRCLE-2(2)(1), KORAMANGALA, BMTC COMPLEX, BANGALORE-560095

..RESPONDENT

(BY SRI JEEVAN NEERALGI, ADVOCATE)

2 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PRIVATE COMPLAINT FILED BY THE COMPLAINANT VIDE ANNEXURES-A AND B AND QUASH THE PROCEEDINGS IN CC.NO.88/2016 ON THE FILE OF THE SPECIAL COURT (ECONOMIC OFFENCES), BENGALURU.

THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:

O R D E R

Heard Sri Murali B S, learned advocate for petitioner and Sri Jeevan Neeralgi, learned advocate for respondent.

2.

Petitioner had filed certain income tax returns belatedly. The income tax authorities initiated certain action including prosecution by filing private complaint. 3. During the course of hearing, it is submitted by learned advocate for the petitioner as also Sri Jeevan Neeralgi, learned standing counsel for the respondent that an application for compounding has been filed on 11.07.2016 before the Assistant Commissioner of Income

3 Tax. Sri Jeevan Neeralgi submits that the said application will be considered and appropriate orders will be passed in accordance with law within a period of four weeks from the date of receipt of copy of this order. His submission is placed on record.

Petition stands disposed of with a direction to the Assistant Commissioner, Income Tax to consider petitioner’s application for compounding the offence in accordance with law and pass appropriate orders within four weeks from the date of receipt of a copy of this order. No costs.

Sd/-

JUDGE

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