SHAKTI METAL BOX Vs. UNION OF INDIA

JUDGEMENT

(1.) MESSRS. Shakti Metal Box, Sherpur Kalan, Ludhiana, petitioner No. 1, and its partner, Krishan Kumar Tandon, petitioner No. 2, have moved this criminal miscellaneous petition under Section 482, Criminal Procedure Code, for quashing of the Criminal Complaint No. 344/3 of 1985, titled as ITO v. Krishan Kumar Tandon, pending in the Court of the Chief Judicial Magistrate, Ludhiana, and the orders dated March 7, 1990, and November 21, 1990, passed by the said court.

(2.) THE impugned complaint was instituted under the provisions of Sections 276c and 277 of the Income-tax Act, 1961 ("the Act", in brief), with respect to the assessment year 1982-83, financial year 1981-82, on the allegations that the petitioner-firm had concealed an income of Rs. 3,00,000 while filing its return. The complaint is dated October 9, 1985, and it has been filed under the orders of the Commissioner of Income-tax (Central), Ludhiana. The petitioners claim that they have filed a petition before the Income-tax Settlement Commission, New Delhi, which had conveyed its order dated February 19, 1988, and according to its directions, the proceedings regarding the assessment years 1982-83, 1983-84 and 1984-85, were allowed to be proceeded with.

(3.) THE petitioners plead that, after the admission of the application by the Income-tax Settlement Commission, vide its order dated February 19, 1988, they had filed an application for dismissal of the complaint which was dismissed by the Chief Judicial Magistrate on March 7, 1990, copy annexure P-3. Another application was filed under Section 309, Criminal. Procedure Code, for stay of the proceedings, but the same was dismissed by the learned Chief Judicial Magistrate on November 21, 1990, vide order, copy annexure P-4. The petitioners seek the quashing of the complaint, as well as the orders passed by the learned Judicial Magistrate.