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1997 Supreme(Del) 947

A.D.SINGH
BAIDYA NATH PLASTIC INDUSTRIES PRIVATE LIMITED – Appellant
Versus
INCOME TAX OFFICER – Respondent


Advocates Appeared:
A.K.JHA, Dhanbir Singh, R.D.Jolly

`( 1 ) THIS is a revision petition against the order of the learned Additional Sessions Judge dated January 24, 1997 whereby the order of the learned Additional Chief Metropolitan Magistrate dated July 28, 1995 was set aside. The facts giving rise to this petition are as follows :-

A criminal complaint No. 901 of 1987 for the alleged commission of the offences under section 276e of the Income Act, 1961 (for short the Act ), was filed by Shri R. Prasad, Income Tax Officer, Company Circle XXV, New Delhi, against the petitioners as per the following allegations:

PETITIONER No. 1 is a company registered under the Companies Act, 1956. Petitioners 2 to 4 were the Directors of the petitioner No. 1 during the period relevant to the assessment year 1984-85 and they were incharge of and responsible to the company for the conduct of its business at the time when the offence is said to have been committed. During the course of the assessment proceedings for the period relevant to the assessment year 1984-85 the complainant found that the company had shown deposits in its books of accounts in the name of M/s. Summan Steel and Rolling Mills Pvt. Ltd. and M/s. Universal Properties Limited. Repayme




















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