Impugned order can be quashed if the taxpayer has not willfully evaded the payment of tax

Last updated: 10 February 2021

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This High Court judgement clarifies that an order related to tax evasion can be overturned if the taxpayer can demonstrate they did not willfully evade paying their taxes. The court considered petitions seeking to set aside previous orders and quash complaints filed against the petitioners. The ruling suggests that a lack of wilful intent is a key factor in challenging such tax-related legal actions.

Court :
Karnataka High Court

Brief :
THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 29.03.2016 PASSED BY THE COURT OF SPECIAL COURT(ECONOMIC OFFENCES), BANGALORE IN C.C.NO.85/2016 AND C.C.NO.86/2016 RESPECTIVELY (ANNEXURE –B) AND QUASH THE COMPLAINT FILED IN [C.C.NO.85/2016 AND C.C.NO.86/2016 RESPECTIVELY ON THE FILE OF THE COURT OF THE SPECIAL COURT (ECONOMIC OFFENCES), BANGALORE (ANNEXURE-A)

Citation :
Appeal Number : Criminal Petition No. 5480 of 2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

CRIMINAL PETITION NO.5480 OF 2016
C/W
CRIMINAL PETITION NO.5481 OF 2016

BETWEEN:

1. M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD.,
NO.574, PARK HOUSE, 80 FT. ROAD,
8TH BLOCK, KORAMANGALA,
BANGALORE - 560 095,
REPRESENTED BY ITS DIRECTOR,
MR. VASUDEVAN SUDHINDRANATH.

2. DR. CHIRIANKANDATH JOSEPH ROY,
CHAIRMAN & MANAGING DIRECTOR,
M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD.,
NO.574, PARK HOUSE, 80 FT. ROAD,
8TH BLOCK, KORAMANGALA,
BANGALORE - 560 095,

3. SRI. VASUDEVAN SUDHINDRANATH
DIRECTOR-FINANCE,
M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD.,
NO.51/7/1, "CHITRAKOOT", RATNA AVENUE,
RICHMOND ROAD,
BANGALORE - 560 025.

4. MRS. LINY MOONJELY ROY
CHAIRMAN & MANAGING DIRECTOR,
M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD.,
NO.574, PARK HOUSE, 80 FT. ROAD,
8TH BLOCK, KORAMANGALA,
BANGALORE – 560 095.

5. SRI. ABDUL GAFFAR PALLIKANDY
DIRECTOR,
M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD.,
3/2, AL AMEEN APARTMENTS,
PATALAMMA TEMPLE STREET,
BASAVANAGUDI,
BANGALORE - 560 004.

6. SRI. JOSEPH THERUVIPARAMBLI ALEXANDER
DIRECTOR,
M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD.,
THERUVIPARAMBIL HOUSE,
P.O. KUMBALANGHI,
ERNAKULAM - 682 O07,
KERALA.

7. SRI. SUNIL PARAKKAL KRISHNAN
DIRECTOR,
M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD.,
NO.81/6, JYOTHI,
NANDIDURGA EXTENSION,
BENSON TOWN,
BANGALORE - 560 046.

8. CHIRIYANKANDATH VARGHESES JOSEPH
DIRECTOR,
M/S. CONFIDENT PROJECTS (INDIA) PVT. LTD.,
NO.110, 1ST MAIN, 7TH BLOCK,
KORAMANGALA,
BANGALORE - 560 095. ... PETITIONERS
(COMMON)

THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 29.03.2016 PASSED BY THE COURT OF SPECIAL COURT(ECONOMIC OFFENCES), BANGALORE IN C.C.NO.85/2016 AND C.C.NO.86/2016 RESPECTIVELY (ANNEXURE –B) AND QUASH THE COMPLAINT FILED IN [C.C.NO.85/2016 AND C.C.NO.86/2016 RESPECTIVELY ON THE FILE OF THE COURT OF THE SPECIAL COURT (ECONOMIC OFFENCES), BANGALORE (ANNEXURE-A)

THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION AND HAVING BEEN RESERVED FOR ORDERS ON 11.12.2020, THIS DAY, THROUGH VIDEO CONFERENCE THE COURT PRONOUNCED THE FOLLOWING:

ORDER

Criminal Petition No.5480 of 2016

1. The petitioners are before this Court seeking for setting aside the order dated 29.03.2016 passed in C.C.No.85/2016 pending on the file of the Court of Special Court (Economic Offences), Bengaluru, in issuing summons to the petitioners herein.

To know more in details find the attachment file