The HC while convicting them said the apology tendered by the two persons is not bonafide and genuine and thus cannot be accepted.
The Bombay High Court (HC) has sentenced the president of Sinhaghad Technical Education Society, and a Tax Recovery officer, to suffer seven days simple imprisonment in a civil prison, for contempt of court.
A division bench of Justice M S Sanklecha and Justice Sandeep K Shinde, directed M N Navale and Sadashiv Mokashi to also pay a fine of Rs 2,000 within four weeks. The court held that two had wrongly attributed illegal acts committed by them, to being an order passed orally by the court, which allowed the institute to withdraw, an amount of over Rs 9 crore, deposited by the state government, in a bank account frozen, by the Income Tax department.
The HC while convicting them said the apology tendered by the two persons is not bonafide and genuine and thus cannot be accepted. The institute had last year challenged a demand notice of Rs 142 crore, by the I-T department in the high court. While granting interim stay on the demand notice, the court had directed the institute to deposit Rs 18 crore, with the registry. The institute could not deposit the same, but kept on seeking time for the same. In November, during a hearing the court did not pass any oral directions, when it was informed that the institute would be receiving an amount of over Rs 9 crore from the state for payment of teacher fees.
However, subsequently, Navale and Mokashi communicated a wrong order to the bank which allowed to withdraw the amount by the institute. It was re-deposited after few months. The accused tendered unconditional apology but the court refused to the accept it and even said that it was a 'paper apology' and convicted them.
COURT ORDER
- The court held that two had wrongly attributed illegal acts committed by them, to being an order passed orally by the court, which allowed the institute to withdraw, an amount of over Rs 9 crore, deposited by the state government, in a bank account frozen, by the Income Tax department
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