Kerala High Court declines to stay FIR against Navy officers

Hence, the mistake could not be verified at the time of filing the return.
Kerala High Court (Photo| A Sanesh/EPS)
Kerala High Court (Photo| A Sanesh/EPS)

KOCHI: The Kerala High Court on Friday declined to stay the case registered by CBI against Navy officers for allegedly claiming income tax refunds worth over `44 lakh by making false claims of various deductions which were not included in Form-16. The court also sought the view of the CBI. The order was issued on the petitions filed by the Navy officers -- Lieutenant Commanders of Indian Naval Acadamy, Ezhimala, in Kannur -- seeking to quash the FIR registered by CBI.

The CBI registered the FIR for the offence under Sections 120 B (criminal conspiracy) and 420 (cheating and dishonestly inducing delivery of property) of IPC and Section 276 C of the Income Tax Act. The petitioners said they are required to frequently sail in connection with their job and hence, they could not verify the authenticity of the statements uploaded by the person entrusted to do so.

Hence, the mistake could not be verified at the time of filing the return. The petitioners have already remitted the fine amount as directed by the income tax department. Hence, the FIR is liable to be quashed, the plea stated.

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