UNION OF INDIA Vs. BANWARILAL AGARWAL

JUDGEMENT

(1.) Leave granted.

(2.) In respect of the Assessment Years 1978-79, 1979-80 and 1980-81 returns were filed by the respondent, after search and seizure had taken place under Section 132 of the Income-tax Act. Returns were filed belatedly and the assessments which were made were at a figure more than what was the returned income.

(3.) Prosecution was launched against the respondent alleging that he had committed an offence under Section 276-C of the said Act, since his returns had been filed much after the date of search and he had wilfully attempted to evade tax chargeable or imposable under the Act.