MEDIVET Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) IN this Miscellaneous application prayer is for quashing the entire proceedings including the order of cognizance dated 3.1.2000 passed by learned Special Judge, Economic Offences, Patna in Complaint Case No. 395(C)/99 by which he has issued processes against the petitioners and other for facing trial for the offences punishable under Secs. 276C, 277 and 278 of the Income Tax Act, 1961 (in short as Act)

(2.) IT is said that petitioner No. 1 is a partnership firm of which petitioner No. 2 Sri Sarad Kumar is one of the partners. Petitioner No. 3 is Accountant of the said firm. The facts of the case, in short, are that opposite party No. 2 filed a petition of complaint in the court of Presiding Officer/special Judge, Economic Offences, Civil Court, Patna alleging therein that a search was conducted in the case of Sanwin Pharmacuticals at its office situated in Merchant Building, 9/12, Lal Bazar Street, Calcutta -1 in June, 1996 and during the search some documents pertaining to the assessee/petitioners were seized and in pursuance thereof an assessment was made under the provisions of Secs. 158 B.C., 158 BD read with sec. 144 of the Act at a total income of Rs. 11,87,85,570.00 only and in the said assessment it has been established that the supplies of medicines and cattle feed etc. to the Animal Husbandary, Government of Bihar as claimed by the firm in their return of income filed earlier were never made and that wrong claim of expenses in the return was made on the basis of bogus purchases. It is alleged that the petitioners on the basis of the aforesaid facts have committed offences punishable under Secs. 276C, 277 and 278 of the Income Tax Act. The sanction of opposite party No. 1 has also been obtained. Thereafter a petition of complaint as mentioned above was filed on the basis of which cognizance has been taken.

(3.) ON the other hand, learned Standing Counsel supported the impugned order and submitted that no interference is required by this Court.