2013 (11) TMI 1090

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....s proprietor, Smt. Anita Jain, wife of Shri Pawan Kumar Jain while M/s. Jain & Company was operating through its proprietor, Shri Pawan Kumar Jain. Ld. Adjudicating authority found materials suggesting that there was one man show of Shri Pawan Kumar Jain with the name lender wife in the business in M/s.Anil Sales Corporation. All the business deals were striken by husband, Shri Pawan Kumar Jain and also entire business dealings were done and controlled with the flow of fund by him including investment of fund. Ld. adjudicating authority recorded his observations in para-27(iii), (iv), (v), (vi), (vii) & (viii) of the adjudication order at page 21 and 22. He discarded plea of the job work for no evidence before him. He came to the conclusion....

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....8. At this juncture, we notice that Panchnama dated 28.11.2009 brought out the proximate and intimate connection with the statement recorded from Shri Pawan Kumar Jain on 7.1.2010 and there are adequate corroborative materials on record sharing relevancy of those materials making the investigation story successful unearthing clandestine removals. So also, we have perused various statements recorded beginning from page A-65 to A-83. These materials clearly suggest that questionable modus operandi was followed by the appellants. It is not at all convincing that statement of Shri Pawan Kumar Jain not attested by the recording officers has no credence. Once corroboration evidence suggests ill will of appellants mere absence attestation shall no....