prosecution under two laws

If you have appeared alreday in the case then file a discharge application.

in future both the cases may be clubbed together if your are on the bail then there is no problem and you can be enlarged on the same bail in second case also for relefe you can go in Hon'ble High Court u/s 482 Cr.P.C.

Dear Akhilesh Sir,

At the outset I would like to thank you for your preciuos opinion on my previuos querry.But as per sec.300(1) of Cr PC, a person cannot even be tried for same offence or even different offence under different provisions with same facts and Article20(2) states that no person shall be prosecuted and punished for the same offence more than once. If offences lie under two different Provions, they have to be tried jointly as per the Special Act here being The Income-tax Act, had the complaints been lodged at the same time as the alleged offences have occured on the same day. Out of the 21 complaints lodged under different sections of IPC, one comlaint was filed in April, 18 in May and the other two in December. In one of the cases filed in Dec, the assessee(recipient of the refund) had passed away and an FIR was filed by the PSI making the person who had filed the return as A1 and most unrelated, his father A2. Whereas, death abets the offence! This case was excluded from the list of FIRs filed under theIncome Tax provisions in the next set of 19 cases filed in April of the next year.What grounds would you suggest  for Petition u/s.482 to the Hon,ble High Court. Kindly Advise.

Regards,

Vishwanath

first take bail because it is essential to do first. This offence is a bailable offence. Then file an application before CIT as he is the sanctioning authority. If you do not get any reply within fifteen days file quashing in High Court under 482.

Your case is strong . You should also put an application to member judicial CBDT.If you require any help you can contactme.

Prakash Sahay

advocate

09334115322

Dear Prakash Sir,

I must be greatful to you for your concern and the much helpful advise.Sure, I will contact you over phone.

Regards,

Vishwanath

 Dear prakash sahay, I ahve also same case of above

An ITO had lodged complaints with PSI u/s.109,177,192,196,417,420,463,464,465 &468 for filing two returns of income and twice obtaining refunds after the said refunds were repaid in the month of March 2010 and no charge sheet has been filed so far as most of the allegations are false. Now on the same grounds the ITO has filed another prosecution case to the court u/s.277 and 278 of the IT Act.As per the Supreme Court Dicta no second innings is permissible. Kindly advise on what should be our next step. Does it hold good in law?Should we approach the Hon'ble High court for quashing of the same? This clearly shows the high handedness of the IT Dept and Police Dept to cause intentional harassment. How to overcome this complication!

But in my case My client Name is Sanjay Vithal Sulgekar having PAn No.BETPS0233R where  Return produced in complaint is belongs to Sanjay Vinod Sulgekar having PAn No. BILPS9780B.

Can our case can be  quashed by trial court because Income tax Return is not belongs to accused. and Can all other statements produced at verification to ITO are  not considered for trial court?

Please replay

 

 

 

dear santosh

 I do not find why it should not be quashed. Entire criminal proceeding is on intention. This is a fit case for quashing.  I do not find any reason why it should not be quashed. But you should inform the Comissioner computer regarding the same and get your  PAN amended meansthis PAN is required to be surrendered and fresh to be applied.

Prakash Sahay

advocate

09334115322

09470668952

Dear Prakash Sahay Sir My client case is some complicated. I cane email you full details.Please provide your email address. My email address is sbawadekar@yahoo.co.in and sbawadekar@rediffmail.com. I hope that you will co-operate me in this case.

Dear Prakash Sir,

Kindly mail your address to vtarali@rediffmail.com.

Regards,

Vishwanath