Income Tax Dept warns public against cash dealings of Rs 2 lakh or more saying that the receiver of the amount will have to cough up an equal amount as penalty.

Dy. Director of Income Tax isn't empowered to lodge complaint for prosecution against taxpayer

In view of restrictive preconditions imposed by Section 195 CrPC, Deputy Director of Income Tax is not a competent authority to whom appeal would ordinarily lie from decisions/orders of ITOs involved in search proceedings under Income-tax Act so as to empower him to lodge complaint for prosecution under Sections 109/191/193/196/200/420/120B/34 IPC

Where a single and combine search operation under Income-tax Act had been undertaken simultaneously both at Bhopal and Aurangabad for same purpose, alleged offence can be tried by courts otherwise competent at both aforementioned places; jurisdiction could not be confined only within territorial limits to Court at Aurangabad and Trial Court at Bhopal is also competent to try complaint

Refer:[2016] 73 taxmann.com 32 (SC)

Share This!



No comments:

Post a Comment