HC denies anticipatory bail in alleged transfer of Income tax assessment under a criminal conspiracy

Akash Agarwal Vs Union of India through CBI (Jharkhand High Court)

Apprehending his arrest, petitioner- Akash Agarwal @ Akash Aggarwal has moved this Court for grant of privilege of anticipatory bail in connection with RC AC1 2018A 0006 [corresponding to R.C.06(A)/2018-D] registered under Section 120-B of the Indian Penal Code read with Sections 7,8, 12 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.

Heard the parties.

The prosecution case in brief is that under a criminal conspiracy the income tax assessment files were transferred from Kolkata to Ranchi in league with Tapas Kumar Dutta who was Principal Commissioner of Income Tax, Ranchi during the year 2016-17 for providing undue favour in the reassessment order. This conspiracy was hatched and executed by Tapas Kumar Dutta, Bishwanath Agarwal and Santosh Kumar Choudhary and others. IO of the case has submitted chargesheet and cognizance has been taken. During investigation it has come to light that this petitioner was a close associate of – accused Bishwanath Agarwal and Santosh Shah. This petitioner arranged address at Hazaribag so that book of accounts and business operations of the assessee companies could be transferred to Hazaribagh. The owner of the said premises very close relatives of the present petitioner in which the companies never functioned from the said address. It has come to light that it was the petitioner who was instrumental in filing applications of some of the companies before Income Tax Authorities at Kolkata for the transfer of PANs from Kolkata to Hazaribag.

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