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2017 (12) TMI 1033 - HC - Indian LawsBail application - Bribery - It is alleged that huge tax benefits were given to the assesses for which those assesses had paid huge amount by way of bribe - The petitioner is alleged to be functioning as a custodian of ill gotten money of the principal accused Sri Tapas Kumar Dutta - Held that: - huge ill gotten money/cash and other evidence, which prima-facie supports the payment of bribe, has been recovered from the house of Tapas Kumar Dutta, but nothing was recovered from the other income tax officers to suggest quid pro quo. The call details also suggest that this petitioner was in regular touch with Tapas Kumar Dutta. The case of this petitioner stands on different footing to that of the other officials of the Income Tax Department, because no incriminating cash or asset was recovered/ collected from their possession to suggest that the same was bribe money and the only allegation against them is that they have reassessed the income tax files as per the observation and direction given by the main accused Tapas Kumar Dutta, while he was setting aside the original assessment orders. Thus, case of this petitioner cannot be equated with the Income Tax Officers and thus is absolutely different. Bail application rejected.
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