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    <title>2011 (4) TMI 1167 - Madras High Court</title>
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    <description>Interference with an acquittal in a prosecution under the Income-tax Act and the Indian Penal Code is unwarranted unless the appellate court shows the judgment to be perverse. On the facts noted, the accused had filed the income-tax return and TDS certificate on behalf of the contractor, but there was no evidence that he fabricated a bogus certificate. The prosecution also failed to discharge the initial burden of proving that the named contractor was fictitious. The Income-tax Appellate Tribunal&#039;s finding of innocence had attained finality and was relied on by the trial court, so the acquittal was left undisturbed.</description>
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    <pubDate>Fri, 29 Apr 2011 00:00:00 +0530</pubDate>
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      <title>2011 (4) TMI 1167 - Madras High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=212440</link>
      <description>Interference with an acquittal in a prosecution under the Income-tax Act and the Indian Penal Code is unwarranted unless the appellate court shows the judgment to be perverse. On the facts noted, the accused had filed the income-tax return and TDS certificate on behalf of the contractor, but there was no evidence that he fabricated a bogus certificate. The prosecution also failed to discharge the initial burden of proving that the named contractor was fictitious. The Income-tax Appellate Tribunal&#039;s finding of innocence had attained finality and was relied on by the trial court, so the acquittal was left undisturbed.</description>
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      <pubDate>Fri, 29 Apr 2011 00:00:00 +0530</pubDate>
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