Law:

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Keywords: Procedure, Board Of Revenue, Parties, Order, Fictitious, Criminal Proceedings, Petition, High Court, Disposal, Register, Liability, Dispute, Returns, Criminal Liability, Proceedings, Director, Prosecution, Income-Tax Officer Result: Proceedings stayed JUDGMENT The circumstances in which this petition under sections 435, 439 read with section 561-A, Cr. P. C. Has been filed, are as follows: 1. The applicant is the Managing Director of Messrs International Packing Company Ltd., Karachi. It is alleged that for the accounting year ending 31st March 1968, the applicant filed income-tax returns of the Company, duly verified by him. The Income-tax Officer before whom the matter proceeded, held that the purchases of raw material amounting to Rs. 4,63,300 were "bogus purchases in order to increase the expenditure with a view to conceal the particulars of their income," and the parties mentioned therein were fictitious. Otherwise too, according to him, the entries in the Register were not genuine. He, therefore, after getting the approval from the Central Board of Revenue, filed a complaint on 14-4-1973 in the Court of the Special Judge, Central, Karachi, under sections 51(2) and 52 of the Income-tax Act. 2. It appears that the applicant, prior to the institution of this complaint, had filed an application in this Court under section 66(1) of the Income Tax Act, which is pending disposal. It is I. T. R. No. 120 of 1972. 3. On 16-7-1973 the applicant had filed a similar application in this Court, praying that the proceedings before the Special Judge be quashed, or in the alternatives, be stayed. The application came to be dismissed on 27-8-1973 on the ground that it was premature, as there was no application…

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