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Vishwanath (business)     29 May 2011

prosecution under two laws

Dear Learned friends,
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!
Regards,
Vishwanath



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