TMI Blog2009 (10) TMI 449X X X X Extracts X X X X X X X X Extracts X X X X ..... le for maintaining the accounts and conduct of the business of the firm. The petitioner was convicted. On a revision petition. Held that- the petitioner by willfully attempting to evade tax, penalty or interest. Thus he had been awarded the minimum sentence of rigorous imprisonment for six month. - 218 of 1991 - - - Dated:- 14-10-2009 - MOHINDER PAL J. Kapil Aggarwal for the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent No. 1 (hereinafter referred to as "the complainant") against the petitioner Puran Chand and three others, namely, Radha Krishan, Som Parkash and Sat Pal, partners of the firm known as M/s. Radha Krishan and Company (hereinafter referred to as the "petitioner-firm"), which dealt in wholesale cloth business. Radha Krishan, Som Parkash and Sat Pal (co-accused of the petitioner) were acquit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oks. The reply given by the accused was found to be unsatisfactory. The accused thus evaded payment of tax, penalty or interest that could have been charged or imposed under the Act. 4. I have heard the learned counsel for the parties and have gone through the records of the case. 5. The reply to the show-cause notice was sent to the Income-tax Officer by the petitioner Puran Chand under his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,501.90 (value of stocks according to stock books) had to be explained. In this way, the accused had been operating capital outside the books of account and thereby evading the payment of tax etc. imposable under the Act. The accused did not show the true stock in the stock books which enabled the accused to evade payment of tax legally bound to be paid. The petitioner-accused, thus, by wilfully a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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