THANJAI MURASU Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THE petitioners are seeking for quashing of proceedings initiated by the income-tax authorities for the offences under sections 120(B), 193, 196 and 420 of the Indian Penal Code, 1860, and sections 276C(1) and 277 of the Income-tax Act, 1961. It is contended that the prosecution was launched solely on the said assessment order of the respondent. THE assessment order has been set aside by the Commissioner of Income-tax directing the respondent to reframe having regard to the fresh evidence sought to be let in in respect of the sale of the machinery. In such a situation, whether the basis for the prosecution survives or not is a matter to be considered by the learned Magistrate, as a preliminary issue independently. With this observation, the petition is dismissed. Consequently, Criminal Original Petition No. 8173 of 1992 is also dismissed.