BALAJI OIL TRADERS Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THE first petitioner is a partnership firm and petitioners Nos. 2 to 5 are partners thereof. THE firm is an assessee to income-tax.

(2.) THE firm deals in oil seeds, oil cakes and also acts as commission agents.

(3.) THE complainant opposing the application of the accused contended that the pendency of the appeal or the writ petition was no bar to the prosecution; that the charges or acquisitions levelled against the accused in the matter are required to be gone into by the court independently of the findings, if any, of the income-tax statutory authorities, under the Act or of the superior courts on the writ side; that there was also no bar in law for the continuation of this prosecution; and that, in these circumstances, the objections raised are without any basis and deserve to be overruled.