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2001 (2) TMI 107

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..... is common order as a common question of law is involved in all these matters. The applicants herein have been convicted under sections 276E and 278D read with section 269T of the Income-tax Act, 1961 (for short, "the Act"), and sentenced to imprisonment for one day, i.e., till the rising of the court with fine. The order of conviction and sentence passed by the Additional Chief judicial Magistra .....

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..... ion was that the payments were made by the applicants during the relevant assessment year in cash in violation of section 269T of the Act. After the amendment Act of 1987, a new provision by way of section 271E has been inserted which now provides for imposition of penalty for the violation of section 269T. The controversy projected in these petitions now stands resolved by a Supreme Court decis .....

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..... position. Thus, the operation of repeal or deletion as to the future and the past largely depends on the savings applicable. In a case where a particular provision in a statute is omitted and in its place another provision dealing with the same contingency is introduced without a saving clause in favour of pending proceedings then it can be reasonably inferred that the intention of the Legislatur .....

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