Supreme Court · 2003 INSC 479 · Decided 16 September 2003

The Assistant Commissioner, Assessment-Ii, Bangalore and ORS. v. M/S. Velliappa Textiles LTD. and ORS.

Court
Supreme Court of India
Citation
2003 INSC 479 · [2003] SUPP. 3 S.C.R. 763
Case number
CRIMINAL APPEAL No. 142/1994
Decided
16 September 2003
Bench
S. RAJENDRA BABU, B.N. SRIKRISHNA, G.P. MATHUR (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 482; Constitution; Companies Act; Income Tax Act Section 278B

Headnote

Income Tax Act, 1961 : B Section 279-Prosecution-Launching of-Sanction-Grant of- C Opportunity of hearing-Affording of-Whether mandatory-Held : (per curium) : No opportunity of hearing need be given to the accused before grant of sanction-Hence, sanction given by the Commissioner of Income on account of want of opportunity of hearing-Adminis­ trat ive Law. Sections 276C, 277 and 2788--Prosecution of a company-Launch­ ing of -Punishment-Imprisonment and fine-Held : (per majority) : D Court not empowered to impose only a fine-Imprisonment coupled with fine mandatory-Hence,

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)