9911796707
TMI Blog1992 (4) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... rs dated March 23, 1987, and it is against this judgment that the Income-tax Officer has preferred the instant appeal. Broadly, the allegations against the accused as spelled out from the complaint lodged by the Income-tax Officer were that they had sold 7,525 bags of " Bardana " (gunny bags) to Messrs. Sushil Trading Company, sister concern of the accused, for Rs. 10,158.75 on March 16, 1979, which were purchased by them on March 12, 1979, for Rs. 17,683.75 and in this process, they had shown a loss of Rs. 7,525. The other allegation against the accused was that they had purchased 1,591 gunny bags from Messrs.Sushil Trading Company, Karnal, on March 6, 1979, for Rs. 8,352.75 but no entry in respect of the same was made in the account book ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence on record, it was clearly established that Messrs. Sushil Trading Company was the sister concern of the accused-respondents as also the accused-respondents had purchased 1,591 bags of " Bardana " for Rs. 8,352.75 on March 6, 1979, from Messrs. Sushil Trading Company but no entry was made regarding the purchase of said bags in the account books of the accused and, thus, the accused had made false account books and had tried to evade payment of tax. After going through the records of the case, as also the judgment of acquittal recorded by the Chief Judicial Magistrate, we find no substance in this appeal. In so far as the first allegation of the complainant that the accused had sold 7,525 bags of " Bardana " to Messrs. Sushil Tradin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it was a case of bogus transaction entered into by the accused with a view to show loss. On the other hand, it has been established on the records that the firm represented by the accused had been purchasing gunny bags from Messrs. Sushil Trading Company, Karnal, from which it is amply made out that the accused firm and Messrs. Sushil Trading Company had business dealings. It has also come on the records of the case that the gunny bags purchased by the firm represented by the accused and later sold to Messrs. Sushil Trading Company were in a damaged condition. In so far as the second and last allegation against the accused is concerned, the same is with regard to purchase of 1,591 gunny bags from Messrs. Sushil Trading Company on March 6, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved facts. The sale and purchase transactions had taken place during the year 1979-80. P. W.-3, R. D. Gupta, has admitted in his cross-examination that during the assessment year 1979-80, according to the account books, the accused had purchased 95,816 bags for Rs. 4,45,286.60 and had sold the same for Rs. 4,59,938.40. It is, thus, clear that the accused had sold the same number of bags which had been purchased by them during the relevant year. From the overall facts that had come on the records of the case, the learned Magistrate after appraisal of the entire evidence came to a correct conclusion. We find no ground whatsoever to interfere with the order of acquittal recorded by the Chief judicial Magistrate and, finding no force in this ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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