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Issues: Violation of section 194A of the Income-tax Act, 1961 by the accused, consolidation of complaints, interpretation of section 194A, applicability of tax deduction at source, validity of accounting system, reliance on Supreme Court judgment, appeal against order of acquittal.
Analysis: The judgment delivered by the High Court of PUNJAB AND HARYANA pertained to the violation of section 194A of the Income-tax Act, 1961 by the accused, where three complaints were filed by the Income-tax Officer for failure to deduct tax at source from interest paid to creditors. Despite different creditors in each complaint, the allegations remained identical. The trial court consolidated the complaints related to the same offence for the assessment year 1980-81 and ordered evidence to be recorded in one of the complaints against the accused. The accused filed an application under section 245(2) of the Criminal Procedure Code, contending that section 194A was not attracted to the case as per the facts disclosed in the complaint. The trial court, without delving into the merits of the case, interpreted section 194A and discharged the accused, deeming the provisions not applicable. An appeal was then filed challenging the order of acquittal, which was admitted by a Division Bench. The court analyzed section 194A of the Act, emphasizing that tax deduction is required at the source upon crediting income to the payee's account. The trial court's interpretation, based on the mercantile system of accounting and a Supreme Court judgment, was deemed erroneous. The court clarified that the word "credit" in the section necessitates tax deduction at the time of crediting income to the payee, irrespective of the mode of payment. Consequently, the court set aside the impugned judgment, directing the trial court to reevaluate all three cases on their merits in accordance with the law. In conclusion, the High Court allowed the appeal, emphasizing the importance of deciding the cases afresh based on the correct interpretation of section 194A. The parties were directed to appear before the trial court for expedited proceedings, ensuring a fair and lawful resolution of the matter.
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