TATA ROPBINS FRASER LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application has been preferred by the petitioner against the order dated 19th July, 2003 passed by the Special Judge (Economic Offence) at Jamshedpur in Case No. C/1-441/92, whereby and whereunder, he refused to discharge the accused persons under section 445 of Cr. P.C. for the offences punishable under sections 276C and 277 of the Income Tax Act, 1961 (hereinafter referred to as the Act).

(2.) The petitioner of the present case is M/S. T.R.F. Ltd., a Company registered under the Indian Companies Act (hereinafter referred to as the Company), having its works at Burmamines, Town Jamshedpur, district - Singhbhum (East).

(3.) The case of the petitioner is that the Company filed its Income Tax Return for the financial year 1982-83 (Assessment Yr. 1983-84) on 23rd September, 1983. In the said return, the Company declared a total loss of Rs. 1,80,85,820/-. Income was assessed under section 143(3) of the Act at a total income of Rs. 16,85,510/-. The Company claimed deduction of Rs. 1,77,03,141/ - being the demand on account of Excise duty raised by the Superintendent of Central Excise during the financial year 1982-83. An amount of Rs. 9,23,000/- was also debited in the P/L Account of the Company under the head "Provisions for Warranty Expenses".