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1997 (8) TMI 506

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.... sum of Rs. 96,928 being cheque No. 1572 dated September 30, 1983 payable at Bank of Baroda, Dhamaura, was given by the assessee to its assessing authority. The said cheque was, however, not deposited in the State Bank by the sales tax authorities prior to October 3, 1983. The said cheque was, however, encashed on November 1, 1983. Meanwhile on October 31, 1983 the assessing authority initiated th....

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....assessee has nothing to do with the same. The finding of the learned Tribunal that there was no sufficient funds available in the bank account of the assessee is without any basis and without any material. Neither the cheque was dishonoured nor it was returned to the department with the endorsement that there was no sufficient funds in the account of the applicant, as such the order dated July 17,....