Magistrate, (Economic Offences I) Madras-8, against the respondents herein under ss. 276B and 276B r/w s. 278B of the IT Act, 1961 (hereinafter ... provisions of s. 194A of the Act, show cause notice under s. 276B of the Act was issued on 31st Oct., 1986 calling
cases have been lodged against the
Petitioners for violation of Section 276B of I.T. Act. It is stated that it is not the
case ... that, no offence has
been made out against the Petitioners under Section 276B of I.T. Act and
hence, he prayed to quash the proceedings
cases have been lodged against the
Petitioners for violation of Section 276B of I.T. Act. It is stated that it is not the
case ... that, no offence has
been made out against the Petitioners under Section 276B of I.T. Act and
hence, he prayed to quash the proceedings
cases have been lodged against the
Petitioners for violation of Section 276B of I.T. Act. It is stated that it is not the
case ... that, no offence has
been made out against the Petitioners under Section 276B of I.T. Act and
hence, he prayed to quash the proceedings
Section 276B of the Income Tax Act, 1961 (hereinafter called
as 'the Act').
4. Accused Nos.2 to 6 being the Directors vicariously ... against the accused No.1
Company for the offence punishable under section
276B of the Act?
Point No.2: Whether the accused
anything contained in the provisions of
section 276A , section 276AB , or section 276B , or section
276BB , no person shall be punishable for any failure referred ... offences shall be processed
for launching prosecution:-
(i) Offences u/s 276B : Failure to pay taxes deducted at
source to the credit of Central Government
behalf of accused No. 1 committed
offence punishable U/s 276B of the I. T. Act. Since the accused
no.- 2 committed offence for accused ... prosecution should not be launched under the appropriate section
i.e., Section 276B r/w Section 278B of the I. T. Act against them
whereby the Conviction of the Respondent Company for the offence under
Section 276B read with Section 278B Income Tax Act, 1961 (hereinafter
referred ... Officer was filed in the Court of Ld. ACMM under Section 276B read
with Section 278B IT Act pertaining to Financial Year
proceedings instituted to prosecute the petitioners
for offences punishable under Section 276B r/w. Section 278B
of the Income ... against the petitioners alleging that they have
committed offences under Sections 276B r/w. 278B of the Act.
The allegation was that the petitioners have
Income Tax Department for the alleged offences
punishable under Sections 276B read with Section 278B of
the Income Tax Act, 1961 (hereinafter referred ... Bhavan, Bengaluru, to prosecute the accused for the
offence punishable under Section 276B read with Section
278B of the Act.
3. Heard learned counsel
