A SHENOY AND CO Vs. N D KADAM

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned a. P. P. for the State.

(2.) The applicants have invoked revisional jurisdiction of this Court under section 482 of Code of Criminal Procedure, 1973 (Cr. P. C. ) to challenge the order dated 5th May, 2007 passed by the learned Additional Chief Metropolitan magistrate (47th Court) , Esplanade, Mumbai rejecting the prayer for discharge of the accused in Case Nos. 5474/1990 to 5836/1990. Factual Matrix :

(3.) Applicant No. 1 was a partnership firm carrying on business as Civil contractors, whereas applicant No. 2 (since deceased) and applicant No. 3 were the partners thereof. The applicants have contended that during the previous years relevant to the assessment years 1984-85 and 1985-86, applicant No. 1 made interest payments to various parties who were its creditors. Such interest payments to some of the parties were more than Rs. 1,000/- in aggregate, in a single previous year. The applicant No. 1 failed to deduct tax at source (TDS) while making such payments which exceeded Rs. 1,000/- in aggregate.