Supreme Court of India · 1998-10-16
U O I vs BANWARI LAL AGARWAL
- Citation / case number
- SC 1997/12165
- Court
- Supreme Court of India
- Petitioner
- U O I
- Respondent
- BANWARI LAL AGARWAL
- Author
- B.N.KTRPAL M.K.MUKHERJEE
- Bench
- B.N.KTRPAL M.K.MUKHERJEE
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the prosecution under Section 276-C of the Income-tax Act, as the respondent's late filing of returns after a search under Section 132 was sufficient to initiate penal action. The Court clarified that Section 279(2) does not require an opportunity to compound the matter before prosecution, and any alleged understanding regarding no penal action must be proven in trial. The High Court's decision was set aside, and the Trial Court was directed to proceed with the case expeditiously.