Summary and Analysis of Vijay Krishnaswami @ Krishnaswami Vijayakumar vs Deputy Director of Income Tax (Investigation) 2025 INSC 1048
1. Heading of the Judgment
Supreme Court Quashes Prosecution for Tax Evasion Due to Non-Compliance with Departmental Guidelines and Conclusive Settlement Order.
2. Related Laws and Sections
The judgment extensively discusses the following provisions of the Income Tax Act, 1961:
Section 276C(1): Deals with the offence of wilful attempt to evade tax, penalty, or interest. It is a criminal provision.
Section 279(1): Mandates that prosecution for offences like under Section 276C can only be initiated with the previous sanction of a high-ranking income tax authority (like a Principal Director of Income Tax - PDIT).
Chapter XIX-A (Sections 245A to 245L): Pertains to the 'Settlement of Cases'.
Section 245C: Allows an assessee to make an application to the Income Tax Settlement Commission.
Section 245D(4): Empowers the Settlement Commission to pass a final order on the application.
Section 245H: Grants the Settlement Commission the power
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