ASSISTANT COMMISSIONER OF INCOME TAX Vs. YERRA NAGABHUSHANAM

JUDGEMENT

(1.) This appeal is preferred by the Assistant Commissioner of Income-tax, Investigation, being aggrieved by the judgment of the Special Judge for Economic Offences at Hyderabad, dated 30/08/1994, on his file in C.C. No. 96 of 1992.

(2.) By the impugned judgment, the court below convicted A-1, Visakha Medical Stores, Main Road, Kancharapalam, Visakhapatnam, of the offence under section 276C of the Income-tax Act, by imposing a fine of Rs. 5,000 and in default A-2 to undergo rigorous imprisonment for a period of six months. A-1 was further convicted and sentenced to pay a fine of Rs. 5,000 for the offence under section 277 of the Income-tax Act and in default A-2 to undergo rigorous imprisonment for a period of six months. By the same judgment, the court below acquitted A-2 of the offence under section 276C and under section 277 of the Income-tax Act. This appeal is preferred in so far as it relates to the acquittal of A-2. The conviction of A-1-firm is not challenged in this appeal and the same has become final.

(3.) From the facts narrated above, it is clear that I have to consider this appeal only in relation to A-2 who was said to be the managing partner of A-1-firm, Visakha Medical Stores.