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1986 (9) TMI 61

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..... 277 of the Income-tax Act and section 420 of the Indian Penal Code against the petitioners. The prosecution has been initiated on a complaint filed by the Income-tax Officer, Biharsharif. In the petition of complaint it has been mentioned that M/s. Shankar Bhandar, Nawadah, petitioner No. 2, was a dealer in foodgrains. The firm for the assessment year 1972-73 had filed a return at Biharsharif I .....

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..... s Department indicated that the accused persons had not made correct statements regarding the purchases of potatoes mustard oil, groundnut, chillies, rice, maize, etc., and the stock found at the premises of the accused persons completely differed from the stock shown in the stock register. Further, it appears that the Commercial Taxes Department had also seized a Takada Bahi and loose sheets and .....

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..... impugned order of cognizance has been passed. Learned counsel appearing on behalf of the petitioners has mainly contended that, as a matter of fact, no criminal liability can be fastened and also he has raised certain points which are perfectly involved with the facts and difficult to be adjudicated at this stage by this court. I am afraid, in the absence of any patent point of law, it is diff .....

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