KISHORE KUMAR MORE Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) SRI Krishore Kumar More, the petitioner herein prays for quashing of entire criminal prosecution pending before Special Court for Economic Offences (Muzafffarpur) arising out of Complaint Case No. 447 of 1991 for offences under ss. 276C, 277 and 276D of the IT Act. 1961 ('the Act) .

(2.) IT appears that the petitioner filed income-tax return for the asst. yr. 1986-87 showing his total income of Rs. 29,807. On 28th Sept., 1988, the IT authorities carried out a raid on the business premises of the petitioner and they finally assessed the total income of the petitioner at Rs. 78,62,020. A criminal complaint was, thus filed for the aforesaid offences against the petitioner. The counsel for the petitioner today filed a supplementary affidavit along with Annexure 7, the order of the Settlement Commission (IT and WT) whereby a penalty of Rs. 20,000 has been imposed upon the petitioner, in respect to his assessment for the year 1986-87 and he has been granted immunity from prosecution under the IT Act.

(3.) THE learned counsel appearing on behalf on the IT authorities has admitted the aforesaid position. Having regard to the fact that the Settlement Commission while imposing penalty upon the petitioner has also granted immunity from criminal prosecution, the impugned order taking cognizance on the basis of criminal complaint filed earlier by the IT authorities cannot be sustained.