S HOUSING Vs. UOI

JUDGEMENT

(1.) HEARD Sri RK. Jain, learned counsel for the applicants and Sri Shambhu Chopra, learned Senior Standing Counsel appearing for the Department of income Tax.

(2.) THE present application under Section 482 Cr.P.C, has been filed for quashing the proceedings of Criminal Complaint Case No. 326 of 1989 Union of India through Assistant Commissioner of Income Tax Circle-I Meerut v. M/s. Saral Housing and General Finance (P) Ltd. and another, pending before learned Special Chief Judicial Magistrate, District Kanpur.

(3.) IN view of the submissions made by learned counsel for the parties as well as considering the fact that the provisions of Section 276DD of the INcome Tax Act has been deleted/omitted with effect from 1.4.1989, therefore no prosecution can be permitted to continue against the applicants as per the settled law as laid down by the Hon'ble Apex Court as well as this Hon'ble Court and the present application under Section 482 Cr.P.C, deserves to be allowed.