RAJ KUMAR KEDIA Vs. INCOME TAX OFFICE

JUDGEMENT

(1.) The above two Petitions under Sec. 482 Cr.P.C. read with Article 227 of the Constitution of India have been filed for quashing of Criminal Complaint No.516654/2016 and Complaint No. 516655/2016 under Sec. 276-C(1) and 277-A Income Tax Act, 1961 for the Assessment Year 2015- 16 and Order dtd. 14/9/2017 passed in Criminal Revision Petition No.407/2017 of learned ASJ upholding the Order of framing of Charge dtd. 28/6/2017 passed by learned ACMM.

(2.) Briefly stated, a search and seizure action under Sec. 132 Income Tax Act, 1961, on the basis of Warrants of Authorization issued by Director of Income Tax (INV)-1, Delhi, was conducted on 13/6/2014 at the premises of Petitioner/Raj Kumar Kedia at P-12, Hauz Khas Enclave, Second Floor, New Delhi and some incriminating documents were seized. The search action commenced on 13/6/2014 and concluded on 17/6/2014. Panchnama was prepared on the spot in respect of search and seizure action carried out in the aforesaid premises.

(3.) The statement of the Petitioner was recorded on Oath under Sec. 132(4) of the I.T. Act on 13/6/2014 and 17/6/2014. The Petitioner in his statement, admitted that in addition to his regular business activity of Share Broking, he was involved in the activity of providing accommodation entries to various beneficiaries and also explained in detail the modus operandi followed by him in providing such entries.