Prosecution can be launched before Income Tax Assessment completion : HC

Rohit Kumar Vs Deputy Director of Income Tax (Madras High Court) Conclusion: Prosecution proceedings were separate and distinct from the assessment or re­assessment proceedings. There was no requirement under the Act that the assessment proceedings should be completed before launching prosecution. HC refused to quash prosecution for the compounding of offense under Section 276C(1) of Income Tax Act. Held: Assessee submitted that the authority lodged complaint for the offence under Section 276C(1), alleging that during the course of the enquiry by the investigation wing it was noticed that in ...