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TMI Blog2020 (3) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Kumar Jain and not with respect to the applicants' firm. It has further been submitted that in pursuance of the order dated 16.04.1999, a detailed application was moved by the applicants but various ground regarding whether any penalty existed against the applicants' firm have not been dealt with. It is directed that the applicant may file a proper application before the concerned Magistrate, who will after considering all the facts and circumstances of the case, pass a reasoned order, expeditiously, preferably within a period of two months from today, if there is no other legal impediment. For a period of two months from today or till the disposal of the applicants' application, whichever is earlier, no coercive action ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn for the assessment year 1984-85 and showed income of ₹ 45,610/- on 30.08.1984 and the same was duly verified by the opposite party no.2. Thereafter, the Assessment Officer prepared assessment of the applicants' firm for the year 1984-85, wherein it was observed by the Assessment Officer that Late Sundar Lal showed a deposit of ₹ 792/- only, whereas, the credits appearing in the parallel ledger was ₹ 6,567/-. Therefore, the assessment officer observed that ₹ 65,775/- should be considered as unexplained income. It has further been submitted that the aforesaid observations of the Assessment Officer was challenged by the applicants' firm before the Commissioner of Income Tax (Appeals), who after hearin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will also be open for the learned Magistrte to see that in case any proceedings are pending challenging the orders passed by the Income-Tax Authority questions, under any statutory provisions, the trial may not be held till the conclusion of those proceedings as directed by the Hon'ble Supreme Court in the Case of P. Jayapan (supra). It is further provided that in case proceedings have been concluded or the cases have been decided under voluntary Disclosure of Income Scheme (VDIS) by the Income-Tax Authority, the complaint shall be decided in terms of the same. A certified copy of this order shall be given to the learned counsel for the parties on payment of usual charges. Pursuant to the aforesaid order, an application ..... X X X X Extracts X X X X X X X X Extracts X X X X
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