Uttam Chand and ors. Vs. Income Tax Officer, Central Circle, Amritsar - Court Judgment
|Court||Supreme Court of India|
|Judge|| A.P. Sen,; V.D. Tulzapurkar and; Y.V. Chandrachud, JJ.|
|Reported in||133ITR909(SC); (1982)2SCC543|
|Appellant||Uttam Chand and ors.|
|Respondent||income Tax Officer, Central Circle, Amritsar|
criminal - false return - s was partner of assessee firm - evidence showed that assessee firm was genuine firm - there was no ground on which assessee can be prosecuted for filing false return - court quashed the prosecution.
[ s.m. sikri,; r.s. bachawat and; k.s. hegde, jj.] the appellant was a manufacturer of iron and steel products.it was importing steel rods from which steel wires were manufactured. on.april 24, 1962 finance act (no. 2) 1962 imposed excise duty on iron and steel products by introducing item 26aa in the central excise and salt act, 1944. under that item, on wires, 5% ad valorem plus the excise duty for the time being leviable on pig iron and steel ingots as the case may be was payable. pig iron 'and steel ingots were already subject to excise duty under items 25.....y.v. chandrachud, c.j.1. heard counsel, special leave granted. in view of the finding recorded by the income-tax appellate tribunal that it was clear on the appraisal of the entire material on the record that shrimati janak rani was a partner of the assessee firm and that the firm was a genuine firm, we do not see how the assessee can be prosecuted for filing false returns. we, accordingly, allow this appeal and quash the prosecution.2. there will be no order as to costs.
Y.V. Chandrachud, C.J.
1. Heard counsel, special leave granted. In view of the finding recorded by the Income-tax Appellate Tribunal that it was clear on the appraisal of the entire material on the record that Shrimati Janak Rani was a partner of the assessee firm and that the firm was a genuine firm, we do not see how the assessee can be prosecuted for filing false returns. We, accordingly, allow this appeal and quash the prosecution.
2. There will be no order as to costs.