SUBRAMANYAM K Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THIS is a petition for quashing the proceedings in C. C. No. 365 of 1987 on the file of the learned Additional Chief Metropolitan Magistrate, Economic Offences-I, Egmore, Madras-8.

(2.) THE third accused is the petitioner. He along with K. Subramanyam and Co., and K. Arumugasamy, were charged for offences punishable under sections 276C(1)(i) and 277 of the Income-tax Act and also under sections 193, 196 and 420 read with section 511, Indian Penal Code.

(3.) IN the instant case, there is no specific allegation as against petitioner in the complaint itself for invoking the provisions under section 278B of the INcome-tax Act. IN this view, the proceedings in C. C. No. 365/87 are quashed as against the third accused/petitioner herein. The petition is allowed.