Learned Magistrate by its order dated 30 th April, 2001 took companynizance of the offence and issued process against the appellants.
However, since the prosecution had already been launched against the appellants, the Division Bench of the High Court directed for treating the writ petition as an application under Section 482 of the Code of Criminal Procedure Code.
Appellants filed writ petition before the High Court for quashing the aforesaid order dated 24th April, 2001 of the appropriate authority rejecting their show cause and deciding to file criminal companyplaint.
Aggrieved by the same the appellants have preferred this appeal with the leave of the Court.
The appropriate authority of the Income tax Department, respondent herein issued show cause numberice to the appellant dated 4th December, 1995, inter alia, alleging that since the lease is for a period of nine years extendable for a further period of nine years, it was a lease for a period of more than 12 years and hence the provision of Chapter XXC of the Income tax Act hereinafter referred to as the Act would be attracted and the lessor and the lessee were obliged to submit Form 37 1 within 15 days of the draft agreement.
B 68, Greater Kailash, Part I, New Delhi and they let out the same at a monthly rental of Rs.2,50,000/ with effect from Ist June, 1991 for a period of nine years renewable for a further period of nine years.
CHANDRAMAULI KR.
PRASAD, J. Appellants are the owners of property bearing No.
