The Calcutta High Court Upheld the Prosecution against assessee.
The bench said that Sri Bachchraj Bamalwa and other family members misguided the Income Tax Department by giving false statements on oath, recorded under Section 132 of the Income Tax Act. Thus, the family members of Nemichand Bamalwa and Sons group violated Section 277(i) of the Income Tax Act are also liable for prosecution under this section.
The court stated that though the petitioner has been exonerated of the charges by the IT Tribunal & Appellate Authority, the parameters in a criminal proceedings are entirely different. When there is prima facie materials for such consideration, the said proceedings should be permitted to proceed towards its logical end through trial.
It was observed by the court that there is a prima facie case against the petitioner for the trial to proceed and interference at this stage will be an abuse of the process of Court.
“Considering the nature and magnitude of the alleged offense, if there are triable issues, the Court, at this stage is not expected to go into the veracity of the rival versions”, the court said.
Facts
The petitioner states that the petitioner runs a reputed business house which deals in jewelry and precious stones under the name and style of “Nemichand Bamalwa & Sons”. The petitioner and even prior to him, his forefathers, had been in the said trade for the last few decades.
The petitioner states that the petitioner has been maliciously arraigned as an accused person in the impugned case, which was initiated at the behest of Assistant Commissioner of Income Tax.
Case Information
Case Name: Shri Bachhraj Bamalwa Vs Assistant Director of Income Tax (Investigation), Unit – 3 (1), Kolkata.
Judicial Level & Location : Calcutta High Court
Case Number : CRR 282 of 2019
Date of Decision : 03/04/2024
Decision in favor of: Respondent
Judges: Justice Shampa Dutt (Paul)
Counsel for Petitioner : Mr. Souvik Mitter.
Counsel for Respondent : Mr. Anirban Mitra.
