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2009 (3) TMI 52 - HC - Income TaxOffences and prosecution - categorical finding given by Tribunal that claim of depreciation by the petitioners was genuine – therefore, it does not arise for consideration that there was any evasion of tax by the petitioners – subsequently, there could be no presumption of the culpable mental state or any intention of tax evasion – prosecution quashed – HC while exercising its inherent powers u/s 482 of Cr.P.C. is competent to do substantial justice by quashing the complaint & summoning order
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