INCOME TAX OFFICER Vs. TARAN TARAN STEEL SALES

JUDGEMENT

(1.) A complaint under Sections 276C and 277 of the Income-tax Act, 1961, was filed against the respondent-firm and its partners. The trial court after examination of the matter has found that the prosecution has failed to prove its case beyond a shadow of doubt. Thus, the respondents were acquitted. Aggrieved by the order, the complainant has filed this application for the grant of leave to appeal.

(2.) NOTICE of the petition was given. Counsel for the parties have been heard.

(3.) THE assessee-firm had shown a credit of Rs. 94,678 in the name of two firms. THE Assessing Officer had disallowed the claim on the ground that Som Nath who had allegedly made the deposit had not been produced. However, on appeal, the claim of the assessee was partly accepted. THE credit in respect of only Rs. 30,000 was "found to be doubtful". During the course of penalty proceedings, Som Nath was not produced for cross-examination. THE order of penalty was set aside. In this situation, it cannot be said that the assessee had wilfully attempted to evade any tax, etc., or that it had made a false statement while filing the return. THE view taken by the trial court is a possible one.