M.R.Sharma, J.

1. This judgment will dispose of Criminal Appeals Nos. 1207 and 1208 of 1977 as the complaints involved therein disclose common questions of law. The ITO, Central Circle II, Ludhiana, filed a complaint under Section 276(b) and (d) read with Section 276B of the I.T. Act, 1961 (hereinafter called the Act), and Section 409, IPC, against the respondents alleging therein that since the deductions made at source had not been deposited in the Government treasury, the respondents be tried and punished in accordance with law. The learned Chief Judicial Magistrate, Ludhiana, who tried the case held that respondents Nos. 1 to 3 being directors of the limited company in Criminal Appeal No. 1207 of 1977 were not liable to be prosecuted under the law as there was no evidence to show as to who was responsible for making payment of salaries concerned and since there was no evidence of actual disbursement of the salaries, the offence in question was not established against any of the respondents.

2. Mr. Awasthy, the learned counsel for the Revenue has drawn our attention to the following admission made by the respondent-company in its communication Ex. PC/1 :

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