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Section 276AB of the Income-tax Act, 1961 - Offence & Prosecution - Failure to comply with sections 269UC, 269UE and 269UL The accused, being husband and wife, sold properties through separate registered sale deeds for Rs. 15 lakhs each. They were independent assessees and had shown such sale in their income-tax returns for the relevant year. The ITO filed a complaint under sections 276AB read with sections 269UC and 269UL(2). Held that, since the individual undivided shares purchased by accused Nos. 1 and 2 had been dealt with by them under the aforesaid two sale deeds, it could not be said that a single unit had been dealt with by them under two different sale deeds by splitting the single unit. Accused were the income-tax assessees and they were two different legal entities in the eye of law. The purchases made by them under two sale deeds could be dealt with by them individually and as such the sales effected by them could not be clubbed together and that it could not be alleged that the single unit had been transferred under two sale deeds to get over the provisions of the Income tax Act. The property that had been dealt with under the sale deed executed by accused Nos. 1 and 2 was not a single unit but two different undivided shares. Accordingly, complaint against the accused was to be quashed. CASE REFERRED TO Appropriate Authority v. Smt. Varshaben Bharatbhai Shah [2001] 248 ITR 342 (SC) (paras 10,18, 22). R. Srinivas for the Petitioner. K. Ramasamy for the Respondent. JUDGMENT K. Mohan Ram, J.- The petitioner, who is the accused in EOCC No. 177 of 2005 on the file of the Additional Chief Metropolitan Magistrate (Economic Offences), Egmore, Chennai, wherein he is facing trial for the alleged offences under sections 276AB read with 269UC and 269UL(2) of the Income-tax Act, 1961 (hereinafter called "the Act"), has filed the above criminal original petition seeking to quash all further proceedings therein. 2. A perusal of the complaint filed by the respondent against the petitioner and others reveals the following allegations: (a)That in pursuance of section 269UC of Chapter XX-C of the Income-tax Act, 1961, no transfer of any immovable property of…

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