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The factual matrix of the case of the prosecution is that Deputy Director of Income Tax Investigation, Bengaluru, lodged a complaint against the accused persons for having committed an offence punishable under Sections 276 (C)(1), 277, 278 of the Income Tax Act and also under Sections 193, 199 and 120B of Indian Penal Code. In the said complaint it is alleged that there is escapement of the income tax in the middle of the financial year and thereby they have committed the alleged offence.

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Sec. 276C & 277 of Income Tax Act, 1961—Offences & Prosecution— Pendency of the assessment proceedings cannot act as a bar to institution of a criminal prosecution for the offences punishable under Section 276(1) or Section 277 — SHIVAKUMAR (D.K.) Vs. INCOME TAX DEPARTMENT [2020] 421 ITR 529 (KARN)

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