S C GUPTA Vs. STATE

JUDGEMENT

(1.) IN this petition filed under S. 482, Cr. PC the prayers made are as under :

(2.) IN regard to prayer at (c), the submission advanced on behalf of petitioner was that Ocean Electronics (P) Ltd. (for short 'OEPL') had 11 directors at the relevant time but in the complaint filed for the offence under S. 276CC r/w S. 278B of IT Act (for short the 'Act') the concerned Asstt. CIT, complainant had chosen to implead only the petitioner as accused No. 3 and Vijay Mehta as accused No. 2 in addition to OEPL as accused No. 1. Criminal liability for late submission of IT return by OEPL for the asst. year 1988 89 cannot be fastened against the petitioner as he was not involved in the management of affairs of the company and had also resigned as director on 25th March, 1993. It was pointed out that neither IT return nor balance sheet filed along with complaint are signed by the petitioner.

(3.) BY way of pre charge evidence, part statement of Amit Jain, Asstt. CIT, complainant was recorded by the ACMM on 7th Aug., 1992. It is in his deposition that accused Nos. 2 and 3 were the directors of accused company for the asst. year 1988 89 and were exercising all the powers to control day to day business of the company.