UNION OF INDIA Vs. BHAVECHA MACHINERY

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 1 -6 -1993 passed by A.C. J. M (Economic Offence), Indore in Cr. Case No. 38 of 1986, present appeal has been filed.

(2.) SHORT facts of the case are that a private complaint was filed by the appellant under Section 276CC read with Section 278B of the Income Tax Act, 1961 on 6 -8 -1986 alleging that complaint was filed by the Income Tax Officer, B -Ward, Itarsi. In the complaint it was alleged that the respondent No. 1 firm M/s Bhavecha Machinery and Electrical Store is the registered firm and is carrying business of machinery, spare parts and electrical goods having its business premises at main market of Itarsi. Further case of the prosecution was that the respondent No. 1 firm filed its return of Income -tax on 30 -8 -1983 while as per Section 131 of Income Tax Act, it was obligatory on the part of the firm to file its return of income on or before 30 -6 -1981. It was alleged that thus the return filed by the respondent is delayed by 25 months. It was alleged that assessment order was passed on 13 -10 -1983 under Section 141 and penalty proceeding has been initiated under Section 271A of the Act. It was also alleged that notice was issued on 2 -7 -1985 and served on 17 -7 -1985 but the notice was not complied with by the respondent. It was alleged that since there was default on the part of the respondent, therefore, the respondent are liable to be punished under Section 276CC read with Section 278B of Income Tax Act. It was prayed that after enquiry and giving opportunity of hearing the respondent be punished. After framing of charge and recording of evidence the respondents were acquitted against which the present appeal has been filed.

(3.) SHRI H.O. Soni, learned Counsel for the respondent submits that after due application of evidence learned court below has found that explanation of delay in filing the return was satisfactory therefore, no interference can be made by this Court. It is also submitted that impugned order passed by the court below is discretionary therefore, in appeal that cannot be disturbed. It is prayed that the appeal be dismissed;