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1995 (3) TMI 73 - HC - Income TaxExtract: ....... to be let in in respect of the sale of the machinery. In such a situation, whether the basis for the prosecution survives or not is a matter to be considered by the learned Magistrate, as a preliminary issue independently. With this observation, the petition is dismissed. Consequently, Criminal Original Petition No. 8173 of 1992 is also dismissed.
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