A.M.ENTERPRISES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Parth Jalan, the learned counsel appearing on behalf of the petitioners and Mr. R.N. Sahay, the learned counsel appearing on behalf of the Income Tax Department.

(2.) This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dtd. 2/5/2018 arising out of Economic Offence (Complaint) Case No.17 of 2018, pending in the court of learned Presiding Officer, Special Court, (Economic Offence), Ranchi.

(3.) The Economic Offence Complaint Case No.17 of 2018 was lodged alleging therein that complainant was posted as Deputy Commissioner (TDS) filed the complaint in his official capacity of the alleged offence committed under Sec. 276B read with Sec. 278B of Income Tax Act, 1961 and the petitioner's firm had deducted TDS to the tune of Rs.2,02,117.00 for the financial year 2015-16, Assessment year 2016-17 but failed to deposit the same with the department as per the provision of the Income Tax Act 1961. The petitioner is partner of the firm and he has also been made accused in the complaint in accordance with Sec. 248B of the said Act. It has been alleged that the petitioner has willfully and deliberately not deposited TDS on time to credit of Central Government account despite knowledge of the fact that there lie liabilities on its part to deposit the same in time the sanction order under Sec. 279(1) of the said Act for launching of prosecution under Sec. 276B of the said read with Sec. 278B of the Act against the petitioner has been accorded to by the Commissioner of Income Tax (TDS) Patna on 14/2/2018.