DK Sessions Court quashes prosecution launched by I-T dept against jewelers

coastaldigest.com web desk
October 24, 2018

Mangaluru, Oct 24: The Principal District and Sessions Judge of Dakshina Kannda has passed an order setting aside the complaint filed by the Department of Income Tax before the Special (Economic Offences) Court against the partners of Hassan-based jewelry business partnership firm namely M/s Ramachandra Shetty and Sons and its partners namely Ravish, Rajath and Rahul for the offence punishable under section 276 CC of Income Tax Act, 1961 as illegal and consequently quashed the entire proceedings initiated before the Special Court by the Department of Income Tax.

The Department of Income Tax had launched prosecution in the year 2017 across the nation and as part of the same more than 3000 complaints have been filed at Bengaluru and nearly 300 complaints have been lodged before the Special Court dealing with economic offences.

In its complaint, the Deputy Commissioner of Income Tax had alleged that the partners of the Hassan based jewelers have willfully failed to file the return of income within the stipulated time and thereby committed an offence under section 276 C.C. of I.T. Act, 1961 which is punishable with seven years imprisonment.

The Special Court had taken cognizance of the offence and issued summons to the accused persons calling upon them to appear before the court and answer the accusations. However, the accused persons had challenged the said preliminary order of taking cognizance and issuance of process by the Magistrate before the Principal District and Sessions Judge in Mangaluru by way of preferring a Revision under section 397 and 399 of Cr.P.C (Code of Criminal Procedure).

After preliminary hearing, while admitting the criminal revisions, the Sessions Court had stayed the proceedings before the Special Court of Economic Offence and JMFC and issued notice to the Department of Income Tax. In response thereto, the Special Public Prosecutor had appeared for the department of I.T. and argued the matter justifying and the complaint and sought for dismissal of the Revision preferred by the accused persons.

Advocate Vivekananda Paniyala argued for the accused persons contending that the Department had failed to furnish copy of the documents, account books, and Tally and such other accounts related documents that were seized at the time of conducting raid [search and seizure] and failed to provide the copy of the same to the Assesses despite making repeated requests in writing and thereby prevented the accused persons from filing the return within the stipulated time. Further, Mr. Paniyala has argued that the Department of Income Tax has suppressed these material facts before the Special Court.

Another limb of argument was canvassed on behalf of the Accused person is that the Special Court, while taking cognizance and issuance of process has not recorded its satisfaction assigning reasons in support of its decision before issuing summons to the Accused Persons as laid down by the Supreme Court of India in the celebrated case of Sunil Barthi Mittal v. CBI. Hence, Mr. Paniyala has argued that not only the cognizance is to be set-aside, but also the entire impugned prosecution proceedings initiated by the I.T. Department should be quashed.

After a detailed hearing, the Sessions court has set-aside the issuance of summons by the Special Court and quashed the entire proceedings as illegal and not maintainable. This is considered to be a set-back for the prosecution launched by the Department of Income Tax. This matter has generated wide public interest and particularly taxation circle.Other cases are at different stages of disposal in the special court of Economic Offences and in some cases, trial has begun.

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News Network
October 1,2024

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Mysuru, Oct 1: The Karnataka Lokayukta team on Tuesday arrived at the disputed plot in Mysuru and began investigation into the MUDA case against CM Siddaramaiah and his wife, news agency ANI reported. Snehamayi Krishna, the complainant in the case was also present with the team.

Sources stated that ED sleuths might issue a notice to CM Siddaramaiah at any time and issue summons to him for questioning. The sleuths are also keenly watching the movements of CM Siddaramaiah’s close associates and relatives, including a cabinet minister in connection with the MUDA scam.

Sources further said that there is a possibility of the ED conducting raids across the state on offices and residences of close associates of CM Siddaramaiah. The ED has also gathered information on bank accounts and financial transactions of CM Siddaramaiah and his associates.

The Directorate of Enforcement (ED) on Monday registered an Enforcement Case Information Report (ECIR), equivalent to an FIR by the police, against CM Siddaramaiah over the alleged irregularities in the allotment of 14 sites to his wife Parvathi B.M. by the Mysore Urban Development Authority. The ED registered the case taking cognisance of the FIR registered against the Chief Minister by the Lokayukta police on September 27.

Meanwhile, the Karnataka Lokayukta probing the MUDA case has also expedited the probe. The sleuths led by Mysuru Lokayukta SP T.J. Udesh have visited the controversial land on the outskirts of Mysuru city. The petitioner, Snehamayi Krishna, also accompanied the team.

The move of Chief Minister Siddaramaiah’s wife to return 14 sites allotted by the MUDA to her has triggered a debate. BJP MLA from Mysuru T.S. Srivatsa stated on Tuesday that the move of CM’s wife is not acceptable. "The two commissioners who colluded in the MUDA scam are roaming freely even today," he said.

"CM Siddaramaiah first claimed that there was no scam at all. Later, he formed a commission and now there is an FIR against him. After committing the mistake, you offer to return the sale deed. The time is up. He will have to tender his resignation and I am sure he won’t be in the position until Dasara festivities," MLA T.S. Srivatsa stated.

T.J. Abraham, one of the petitioners in the MUDA case said, “I had demanded the MUDA commissioner to take back the allotted sites. He had written back saying the process would be initiated. They were waiting for the investigation report."

"CM Siddaramaiah has not approached the division bench or the Supreme Court to challenge the order against him because there is nothing to be challenged. Returning sites is not a big sacrifice. The Chief Minister has lost it," Abraham stated. 
 

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News Network
October 1,2024

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The BJP has selected Kishore Kumar Puttur as its candidate for the bypoll to Karnataka Legislative Council from Dakshina Kannada and Udupi Local Authorities’ Constituency. The by-election will be held on October 21.

Kishore Kumar is presently serving as the General Secretary of Dakshina Kannada BJP unit. He had served as vice president of State BJP Yuva Morcha from 2014 to 2016.

The by-election will be held to the seat vacated by Kota Srinivas Poojary of the BJP who has been elected as the Lok Sabha member from Udupi-Chikmagaluru Lok Sabha constituency. The vacancy was created on June 15, 2024 following Poojary’s resignation to the Council. His term in the council was till January, 2028.

In the last Council election held for the dual member constituency in December 2021, Poojary had secured 3,672 votes while the Congress candidate Manjunath Bhandary had secured 2079 votes. Poojary and Bhandary had secured required votes from the first preferential votes and had won the election.

There were several aspirants for the BJP ticket including former MP Nalin Kumar Kateel, DK BJP president Satish Kumpala, Mangaluru divisional in-charge Uday Kumar Shetty, former minister Pramod Madhwaraj and former Udupi district BJP president Kuilady Suresh Nayak.

The Congress is yet to announce its candidate for the election. KPCC working president Manjunath Bhandary in a recent press meet in Mangaluru had said that an opportunity will be given to congress leaders from Udupi district to contest by-election.

The Dakshina Kannada and Udupi Local Authorities’ Constituency has 6037 voters including 3551 from Dakshina Kannada comprising eight MLAs, one MP. The last date for filing nomination is October 3 and the last date for withdrawal of nomination is October 7. The counting will be held on October 24.

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News Network
October 7,2024

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New Delhi: Seeking to strengthen bilateral ties, India and the Maldives on Monday inked a currency swap agreement to the tune of $400 million, a move that would help the archipelago nation overcome foreign exchange reserve issues.

Prime Minister Narendra Modi and visiting Maldivian President Mohamed Muizzu also launched Rupay card in the Maldives, inaugurated the new runway at the Hanimadhoo International airport and agreed to further strengthen bilateral relations that had hit a rocky patch last year.

Muizzu, who is on a four-day state visit, held talks with Prime Minister Modi at the Hyderabad House here.

After the talks, India also handed over 700 social housing units to the Maldives built under the EXIM Bank’s buyer’s credit facilities.

"Today, we have inaugurated the redeveloped Hanimaadhoo Airport. Now, the Greater Male Connectivity Project will also be expedited. We will also support the development of a new commercial port in Thilafushi," Modi told reporters here with Muizzu by his side.

Modi said India and Maldives have decided to initiate discussion on the Free Trade Agreement to further strengthen economic ties.

The prime minister described Maldives as a "close friend" which had an important position in India's neighbourhood policy and SAGAR vision.

"India has always fulfilled the responsibilities of a neighbour. Today, we have taken up the vision of a comprehensive economic and maritime security partnership to give our mutual cooperation a strategic direction," Modi said.

Earlier, Muizzu was accorded a ceremonial welcome at the Rashtrapati Bhawan by President Droupadi Murmu. Prime Minister Modi was also present on the occasion.

Muizzu was given a tri-services guard of honour before he drove down the Rajghat to offer his respects at the memorial to Mahatma Gandhi.

The ties between India and the Maldives came under severe strain since Muizzu, known for his pro-China leanings, took charge of the top office in November.

Muizzu won the presidential election last year on the 'India out' campaign and asked New Delhi to withdraw its military personnel posted in the archipelago nation by May this year.

The bilateral ties also hit a rocky patch when Maldivian ministers were critical of Modi. However, Muizzu has since toned down his anti-India stance and even sacked ministers who were critical of the Indian prime minister.

As the Maldives was grappling with a serious economic downturn, India has decided to extend vital budgetary support to the Maldives government with the rollover of a $50 million Treasury Bill for another year.

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