2002 (4) TMI 51

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..... against the respondent-firm and its partners. The trial court after examination of the matter has found that the prosecution has failed to prove its case beyond a shadow of doubt. Thus, the respondents were acquitted. Aggrieved by the order, the complainant has filed this application for the grant of leave to appeal. Notice of the petition was given. Counsel for the parties have been heard. Mr .....

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..... l, the claim of the assessee was partly accepted. The credit in respect of only Rs. 30,000 was "found to be doubtful". During the course of penalty proceedings, Som Nath was not produced for cross-examination. The order of penalty was set aside. In this situation, it cannot be said that the assessee had wilfully attempted to evade any tax, etc., or that it had made a false statement while filing t .....

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