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I-T dept moves court seeking prosecution of Tilaknagar, CMD

The Income Tax department has approached the local magistrate’s court seeking prosecution against Tilaknagar Industries, a major player in the liquor industry, and its CMD for alleged evasion of taxes during assessment year 2011-12.

Income Tax Deputy Commissioner Dilip Shah said the department had sought prosecution against the company and CMD Amit Dahanukar under section 276 c (wilful attempt to evade tax etc) under Income Tax Act and other relevant sections of IPC.

When contacted Dahanukar told PTI he had not received any notice from Income Tax department. “As of now, we have not received any notice from income tax (department) moving to court seeking prosecution,” he said.

As per the complaint, “falsification” of books of accounts of the company was detected in a survey.

“During the course of survey, concealment of income by way of debiting non-genuine bills and thereby falsification of books of accounts has been detected and Dahanukar has categorically admitted (to) these facts”, the complaint said.

Shah also said the assessment officer in his order had said that non-genuine revenue expenses of Rs 9 crore were debited in the books of accounts and accepted by Dahanukar.

“(Dahanukar) has admitted that the company had inflated expenditure on fixed assets,” Shah said in his complaint.

According to the complaint, various incriminating material in the form of e-mails and statements had been obtained during the course of survey and several officials of the company were confronted with this material.

“Debiting of bogus expenses, withdrawal of cash and its further utilisation by the company is substantiated by the statements of these persons,” the complaint said.

The complaint also said that despite giving various opportunities the assessee has not put forward anything to rebut the presumption of the wilful attempt to evade tax.

The maximum sentence under section 276 c is seven years.

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