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1993 (2) TMI 44

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..... quashing annexure-I complaint in the respective Criminal M. Cs. The petitioner was an assessee to income-tax. He submitted a return. The Department accepted the return, later. A search was conducted in the premises of the petitioner. On the basis of the records and documents seized by the Authorised Officer, notice under section 148 of the Incometax Act, 1961, was issued by the Income-tax Office .....

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..... nt year 1979-80 and Criminal M. C. No. 203 of 1993 relates to the 1977-78. Annexure 1 in the respective Criminal M. Cs. is the complaint filed by the respondent against the petitioners. Aggrieved by the order of the Commissioner of Income-tax (Appeals), the petitioner filed second appeal before the Income-tax Appellate Tribunal, Cochin Bench. The Tribunal, by annexure-II order, set aside the ord .....

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..... ng aside of the order of the appellate authority by the Tribunal, the complaints filed against the assessee on the basis Of the assessment were quashed without prejudice to the right of the Revenue to file fresh complaints. But learned counsel for the respondent contended, in view of the Tribunal's order that it may not be necessary to quash the complaints, instead a direction need be issued to ke .....

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