Quash Tax Evasion Order If No Willful Default

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

Quick Summary

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

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

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