NEMI CHAND GARG Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THIS is an application under Section 482, Criminal Procedure Code, filed by the assessee who is being prosecuted for offences under Sections 277 and 276C of the Income-tax Act, The gist of the offences is evasion of tax and making of false statement. Sections 276C and 277, Income-tax Act, 1961, read as under :

(2.) THE kingpin of the arguments of the learned counsel for the applicant is that all the omissions or commissions pointed out by .the Income-tax authorities which are the bedrock of the prosecution, have been washed away by the appellate judgment of the Commissioner of Income-tax and now there is no existing omission or commission which could have been the base of either false statement or evasion of tax. In support of the above, the learned counsel has submitted a copy of the judgment of the Commissioner of Income-tax.

(3.) IN this very judgment, the important observations which are relevant for the purposes are as under (at page 697--headnote) :