Commercial Tax Offices Hub of Corruption: Karnataka HC upholds Corruption charges against Tax Officer [Read Judgment]

The Karnataka High Court has recently confirmed the charges under the Prevention of Corruption Act against a Commercial Tax Officer.

While confirming the order passed by a trial court sentencing a Commercial Tax Officer in Dharwad to undergo simple imprisonment for 4 years with a fine in a corruption case, Justice V Srishananda granted time till March 15 to the accused, Padmanabha, to surrender before the trial court to serve the remaining part of the sentence.  

Observing that “corruption is a distinct type of offence. It is like cancer to society. It eats the social and economical health every second resulting in unimaginable consequences,” the Karnataka High Court recently confirmed the conviction handed down to a Commercial Tax officer under various provisions of the Prevention of Corruption Act.

A single-judge bench of Justice V Srishananda dismissed the appeal filed by accused Padmanabha challenging an order of the special court dated April 6, 2015, by which it sentenced the accused to 2 and half years of simple imprisonment and imposed a fine of Rs 1 lakh under section 7 of the Act and sentenced him to four years simple imprisonment under section 13 (1) (d) of the Act.

Special Public Prosecutor Subhash Mallapur appearing for the prosecution said “There was no initiation of penalty proceedings at all under the KVAT Act and when there are no proceedings, the question of complainant paying penalty would not arise.”

“It is the common experience that Commercial Tax office, is considered to be one of the hubs of corruption. Poor and gullible drivers would fall prey for the illegal demands day in and day out,” the Court said.

The court remarked that statistics published in the National Crime Bureau in respect of the cases filed under the provisions of the Prevention of Corruption Act were disappointing. It said, “Reasons may be many. While an innocent person needs to be protected by the court of law, it is the equal duty and responsibility of the court of law to punish a culprit. All efforts must be made so that the real culprit does not escape from the rigors of the law.”

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