Section 55. Prosecution to be at instance of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner
55. 1 [Prosecution to be at instance of Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General or Principal Commissioner or Commissioner].—(1) A person shall not be proceeded against for an offence under section 49 to section 53 (both inclusive) except with the sanction of the Principal Commissioner or Commissioner or the Commissioner (Appeals), as the case may be.
(2) The Principal Chief Commissioner or the Chief Commissioner 2 [or the Principal Director General or the Director General] may issue such instructions, or directions, to the tax authorities referred to in sub-section (1) as he may think fit for the institution of proceedings under this section.
(3) The power of the Board to issue orders, instructions or directions under this Act shall include the power to issue orders, instructions or directions (including instructions or directions to obtain its previous approval) to other tax authorities for the proper initiation of proceedings of offences (including an authorisation to file and pursue complaints by one or more Inspectors of tax) under this section.
Judgements applying section 55
Section 482 CrPC quash petition; sanction under Section 279(1) Income Tax Act 1961; prosecution under Sections 276C(1) and 277 IT Act 1961; Section 50 and Section 55 Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act 2015; retrospective application and Article 20(3) Constitution of India;
DismissedOpen- AllowedOpen
COURT OF JUDICATURE AT MADRAS DATED: 02.11.2018 CORAM: THE HONOURABLE
AllowedOpenCOURT OF JUDICATURE AT MADRAS ( Special Original Jurisdiction ) Tuesday, the
DisposedOpenCOURT OF JUDICATURE AT MADRAS ( Special Original Jurisdiction ) Tuesday, the
DisposedOpenCOURT OF JUDICATURE AT MADRAS ( Special Original Jurisdiction ) Tuesday, the
DisposedOpen
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HIGH COURT OF JUDICATURE AT MADRAS Dated : 12.04.2018 Coram The
DisposedOpen