1993 (10) TMI 28

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..... d other partners such as Vidyawati, wife of Mehar Chand, Smt. Shakuntla Devi, wife of Harish Kumar, and Surinder Kumar, son of Om Parkash, have moved this petition under section 482 of the Code of Criminal Procedure for quashing the complaint instituted by the Income-tax Officer, Ward II(7), for an offence under section 276E of the Income-tax Act, 1961. It shall be useful to refer to the complain .....

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..... s. 30,000 was not covered under the definition of the term "deposit" under section 269T inasmuch as it was repayable on notice or repayable after a particular period. It was further been alleged in the complaint that since no hundi or receipt was issued by the assessee to the aforesaid depositor the aforesaid explanation was not satisfactory and it was for this reason that the aforesaid complaint .....

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..... hat it never wanted to initiate criminal proceedings after April 1, 1985, that the alleged omission occurred in the year 1986 when the amount in question was paid in cash instead of through a cheque or bank draft. No reply was filed by the respondent though opportunity for this purpose was specifically given as is evident from the proceedings held on January 23, 1991. Learned counsel for the pet .....

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..... ing authority examined the return for the year 1986-87. It has next been argued that the complainant has not taken into consideration the fact that Vidyawati, petitioner No. 3, Shakuntla Devi, petitioner No. 4, and Surinder Kumar, son of Om Parkash, had nothing to do directly with the filing of the return which was signed and verified by Om Parkash of Messrs. Meher Chand Om Parkash, Barnala. The .....

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..... petitioners Nos. 1 and 2, the present petition is dismissed. This also disposes of Criminal Miscellaneous No. 4217-M of 1992 where also the complaint qua Promila Devi, a partner, who has not verified the return is hereby quashed. As regards the co-accused, Satpal, the trial court shall proceed, provided there is sufficient evidence, in accordance with law.
Case laws, Decisions, Judgements, O .....

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