Gauhati High Court
Sanju Phangcho vs Income Tax Department on 3 March, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/2
GAHC010036292022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./165/2022
SANJU PHANGCHO
S/O SRI LONGKI PHANGCHO
R/O TARALANGSO TINIALI
MANJA-DIPHU ROAD, DIPHU 782462
DIST. KARBI ANGLONG, ASSAM
VERSUS
INCOME TAX DEPARTMENT
REP. BY THE SRI SAIKAT MITRA, ACIT, INCOME TAX OFFICER, TINSUKIA,
CIRCLE TINSUKIA, PIN-786125, ASSAM
Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
03.03.2022 Heard Mr. S. Borthakur, learned counsel for the petitioner. By this petition under Section 482 Cr.P.C., the petitioner has prayed for setting aside and quashing of C.R.Case No. 1099 C/2019 under Section 276D/277 of the Income Tax Act, 1961 pending before the court of learned Judicial Magistrate 1st Class, Kamrup(M), Guwahati.
Issue notice to the respondent No.2 by registered A/D post.
Page No.# 2/2 Mr. S. Borthakur, learned counsel for the petitioner submits that the petitioner is one of the Directors of the Assessee company and the Income Tax Department has filed the instant CR Case No.1099 C/2019 against him knowing well that another case being C.R Case No. 100 C/2019 has already been under consideration of the learned court relating to the same assessment year of the same company and the proceeding in the said case has already been stayed by this Court.
In view of above, it is provided that further proceeding in CR case No.1099C/2019 pending in the court of learned Judicial Magistrate, 1 st Class, Kamrup (M), Guwahati shall remain stayed till 04.04.2022.
List accordingly on 04.04.2022 steps within 5(five) days.
JUDGE Comparing Assistant