Crl.mc/329/2015 Of M.prabhaker Kini v. Deputy Commissioner Of Income Tax (Tds), Kochi

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937 Crl.M.C.No. 329 of 2015 (H) C.C.No.115/2011 OF ADDL. CHIEF JUDICIAL MAGISTRATE (ECONOMIC OFFENCES),ERNAKULAM PETITIONER(S)/ACCUSED NOS.3, 4 & 5: 1. M.PRABHAKER KINI, AGED 48 YEARS, DIRECTOR, M/S.KIN-SHIP SERVICES INDIA PVT. LTD., ADMINISTRATIVE OFFICE, KINSHIP HOUSE, MARAR ROAD WILLINGTON ISLAND, COCHIN-682 003. ADMINISTRATIVE OFFICE, KINSHIP HOUSE, MARAR ROAD WILLINGTON ISLAND, COCHIN-682 003. 2. UPPINAGADI SRINIVAS BHAT, AGED 56 YEARS, DIRECTOR, M/S.KIN-SHIP SERVICES INDIA PVT. LTD., ADMINISTRATIVE OFFICE, KINSHIP HOUSE, MARAR ROAD, WILLINGTON ISLAND, COCHIN-682 003. ADMINISTRATIVE OFFICE, KINSHIP HOUSE, MARAR ROAD, WILLINGTON ISLAND, COCHIN-682 003. 3. S.M. IFTHIKARUDHIN, AGED 61 YEARS, S/O.SAYED KHAN, RESIDING AT 317, MERIDIAN HOUSE, PANAMPILLY NAGAR, KOCHI-682 036, (FORMER DIRECTOR M/S.KIN-SHIP SERVICES INDIA PVT. LTD ADMINISTRATIVE OFFICE, KINSHIP HOUSE, MARAR ROAD WILLINGTON ISLAND, COCHIN-682 003.) PANAMPILLY NAGAR, KOCHI-682 036, (FORMER DIRECTOR M/S.KIN-SHIP SERVICES INDIA PVT. LTD ADMINISTRATIVE OFFICE, KINSHIP HOUSE, MARAR ROAD WILLINGTON ISLAND, COCHIN-682 003.) BY ADVS.SRI.ASIF K.MOHAMED ALI SRI.NAVEEN THOMAS RESPONDENTS/COMPLAINANT/ACCUSED NOS.1 & 2: 1. DEPUTY COMMISSIONER OF INCOME TAX (TDS), KOCHI-2. 2. M/S.KIN-SHIP SERVICES (INDIA( PVT. LTD., ADMINISTRATIVE OFFICE, KINSHIP HOUSE, MARAR ROAD PO, WELLINGDON ISLAND, COCHIN-682 003 REPRESENTED BY ITS PRINCIPAL OFFICER, SRI.MANGALORE BHASKARA KINI. WELLINGDON ISLAND, COCHIN-682 003 REPRESENTED BY ITS PRINCIPAL OFFICER, SRI.MANGALORE BHASKARA KINI. 3. SRI.MANGALORE BHASKARA KINI, CHIEF MANAGING DIREICTOR, M/S.KIN-SHIP SERVICES (INDIA( PVT. LTD., ADMINISTRATIVE OFFICE, KINSHIP HOUSE, MARAR ROAD WELLINGDON ISLAND, COCHIN-682 003.(DIED). ADMINISTRATIVE OFFICE, KINSHIP HOUSE, MARAR ROAD WELLINGDON ISLAND, COCHIN-682 003.(DIED). 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. HIGH COURT OF KERALA, ERNAKULAM-682 031. R1 BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX R1 BY PUBLIC PROSECUTOR, SMT. MAYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02.03.2016,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 329 of 2015 (H) APPENDIX PETITIONERS' EXHIBITS ANNEXURE-A1. CERTIFIED PHOTOCOPY OF THE COMPLAINT IN CC 115/2011 OF THECOURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE (ECONOMICOFFENCES), ERNAKULAM.COURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE (ECONOMICOFFENCES), ERNAKULAM. ANNEXURE-A2. TRUE COPY OF THE INTIMATION DATED 31/5/2013 BYMR.R.SIVAKUMAR, ACIT, TDS, KOCHI FOR THE RECEIPT OF RS.50LAKHS FROM THE 1ST ACCUSED COMPANY FOR THE ASSESSMENTYEAR 2010-11.MR.R.SIVAKUMAR, ACIT, TDS, KOCHI FOR THE RECEIPT OF RS.50LAKHS FROM THE 1ST ACCUSED COMPANY FOR THE ASSESSMENTYEAR 2010-11. ANNEXURE-A3. TRUE COPY OF THE RESIGNATION LETTER DATED 20/9/2009 BY THE5TH ACCUSED TO THE 1ST ACCUSED COMPANY, CERTIFIED BY THECOMPANY SECRETARY.5TH ACCUSED TO THE 1ST ACCUSED COMPANY, CERTIFIED BY THECOMPANY SECRETARY. ANNEXURE-A4. TRUE COPY OF FOR NO.32 INTIMATING THE CESSATION OFDIRECTORSHIP OF THE 5TH ACCUSED WITH EFFECT FROM20/9/2009, FROM THE 1ST ACCUSED COMPANY.DIRECTORSHIP OF THE 5TH ACCUSED WITH EFFECT FROM20/9/2009, FROM THE 1ST ACCUSED COMPANY. RESPONDENT'S EXHIBITS:NIL // TRUE COPY // P.S. TO JUDGE B. KEMAL PASHA, J. ````````````````````````````````````````````````````````````` Crl.M.C. No.329 of 2015````````````````````````````````````````````````````````````` Dated this the 2[nd] day of March, 2016 O R D E R ~ ~ ~ ~ ~ ~ ANNEXURE-A3. TRUE COPY OF THE RESIGNATION LETTER DATED 20/9/2009 BY THE5TH ACCUSED TO THE 1ST ACCUSED COMPANY, CERTIFIED BY THECOMPANY SECRETARY.5TH ACCUSED TO THE 1ST ACCUSED COMPANY, CERTIFIED BY THECOMPANY SECRETARY. ANNEXURE-A4. TRUE COPY OF FOR NO.32 INTIMATING THE CESSATION OFDIRECTORSHIP OF THE 5TH ACCUSED WITH EFFECT FROM20/9/2009, FROM THE 1ST ACCUSED COMPANY.DIRECTORSHIP OF THE 5TH ACCUSED WITH EFFECT FROM20/9/2009, FROM THE 1ST ACCUSED COMPANY. RESPONDENT'S EXHIBITS:NIL // TRUE COPY // P.S. TO JUDGE B. KEMAL PASHA, J. ````````````````````````````````````````````````````````````` Crl.M.C. No.329 of 2015````````````````````````````````````````````````````````````` Dated this the 2[nd] day of March, 2016 O R D E R ~ ~ ~ ~ ~ ~ Learned counsel for the petitioners seekspermission to withdraw the Crl.M.C. Permission is granted.Accordingly, this Crl.M.C. is dismissed as withdrawn, withliberty to move other Crl.M.C., if so advised, at appropriatestage. Sd/- (B.KEMAL PASHA, JUDGE) aks/02/03 // True Copy // PA to Judge