Prosecution u/s. 276(C)(1) quashed in absence of any penalty provisions: Jharkhand HC

Narendar Singh Vs Union of India (Jharkhand High Court)

Jharkhand High Court held that prosecution under section 276(C)(1) of the Income Tax Act liable to be quashed in absence of any penalty provision against the petitioner.

Facts- This petition is made for quashing of the entire criminal proceeding including the cognizance order dated 02.11.2017.

The prosecution has been launched by the Income Tax Department against the Petitioner alleging therein that though the Assessee filed its returns of income for Assessment Year 2011-12, showing an income of

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