2008 (2) TMI 277

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..... f acquittal of Smt. Nalinidevi and Smt. Gayatridevi passed by the A. C. J. M. (Economic Offences), Indore, in sessions trial No. 5/87. They being members of a firm, viz., M/s. Micro Chemical, Mandsaur, were prosecuted for having committed an offence punishable under section 276C read with section 277 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), on the allegation that false r .....

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..... r the appellant submitted that the trial judge failed to appreciate the evidence in proper perspective and wrongly arrived at the conclusion that the individual members of the firm were not guilty of the charges levelled against them. It was further submitted that the court below failed to take notice of the deeming section and thus committed an illegality in acquitting the individual partners. 4 .....

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..... el for the parties and going through the material available on the record, we find that the learned trial judge after appreciating the evidence has taken a right view. The prosecution failed to adduce any evidence to show that the acquitted women had any active role to play with the business of the firm. No doubt it is true that every partner of the firm is an agent and thus vicariously liable but .....

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