K. MOHAMMED HARIS Vs. INCOME TAX DEPARTMENT

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing the complaint filed by the respondent-Income Tax Department in C.C.No.4179/2019 registered in P.C.No.73/2019.

(2.) Heard the arguments of Sri Shashikiran Shetty, learned senior counsel for the petitioner and Sri Jeevan J. Neeralgi, learned counsel for the respondent.

(3.) The case of the petitioner is that the respondent has filed a private complaint under Section 200 of Cr.P.C., and the same is registered in P.C.No.73/2019, wherein, the respondent has filed a complaint for the offence punishable under Section 50 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (for short 'Black Money Act ') for the assessment year 2017-18. It is alleged by the complainant that the complainant is the Deputy Director of Income Tax (Investigation), Mangaluru. The complainant submits that the Principal Director of Income Tax (Investigation), Bengaluru has authorised the filing of the complaint vide sanction order dated 27.03.2019. A search and seizure action under Section 132 of the Income Tax Act, 1961 (for short 'I.T. Act ') was conducted on 08.02.2018 in case of M/s. Mukka Sea Food Industries Private Limited, Mangaluru and in the residence of accused. During the course of search proceedings, certain books of accounts and documents were found and seized. The accused had purchased a flat in Ajman during the year 2014 for Rs.6.00 lakh Dirhams which is almost equivalent to Rs.1 Crore as on the date of purchase which is not declared in his Income Tax Returns (hereinafter referred to as 'ITR '). The accused has also opened an account in Bank of Baroda, Sharjah Branch bearing A/c No.90040200015340 but not reported in any of his ITR. This bank account was operated during 25.02.2015 to 26.02.2018. The accused also acquired interest in United Fish Meal FZC based out of Hamriyah Free Zone - Sharjah as on 31.07.2013 in which he continues to be as the main shareholder and Managing Director. The same was not declared in his ITR. The notice also caused to the accused. Subsequently, he has filed an ITR and also he has not declared in the ITR for the assessment year 2017-18. Subsequently, he has filed revised ITR but he has not declared voluntarily and willfully he has failed to disclose the same which is punishable under Section 50 of the Black Money Act. Hence, prayed for taking action in this behalf. Based upon the complaint, the trial Court took cognizance and registered a criminal case against the accused. Assailing the same, the accused is before this Court for quashing the criminal proceedings.