LAWS(PAT)-2007-10-17

YOGENDRA PRASAD Vs. STATE OF BIHAR

Decided On October 08, 2007
YOGENDRA PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS application has been filed for quashing the entire proceeding against the petitioners under sections 276 and 277 of the Income -tax Act, 1961, arising out of Complaint Case No. 9(C) of 1993, T. R. No. 1240 of 1993 as well as order dated February 22, 2006, passed by the Special Judge, Economic Offences, Patna, by which the petition filed by the petitioners in respect of their discharge has been rejected.

(2.) HEARD Shri Ajay Prasad, learned Counsel for the petitioners, Shri S.K. Sharan, learned Counsel for opposite parties Nos. 2 and 3 and Shri Mehta, learned A. P. P. for the State.

(3.) THEREAFTER , as submitted by the learned Counsel for the petitioners, the aforesaid assessment of the Income -tax Officer was challenged before the appropriate appellate authorities and ultimately, the Income -tax Appellate Tribunal, finally decided the matter setting aside the aforesaid amount of assessment levelled by the Income -tax Officer, rather directed the Income -tax Officer to reassess the income -tax payable by the petitioner's firm and pass orders in accordance with law. Thereafter, the Income -tax Officer in terms of the direction of the order of the Income -tax Appellate Tribunal, passed order on August 24, 1999, whereby and whereunder Rs. 2,46,790 inclusive of penalty so imposed on the petitioners' firm for which the petitioners were also individually liable and accordingly, in compliance thereof, these petitioners deposited the amount rather, they paid excess and paid the entire income -tax including penalty and, thereafter, the excess amount so paid was also refunded to them on January 5, 2002.