2001 (10) TMI 56

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....y JAWAHAR LAL GUPTA J.-A complaint under section 276C(2) read with section 278B of the Income-tax Act, 1961, was filed against the firm and its six partners. It was, inter alia, alleged that the accused had not paid the amount of tax as assessed. Thus, they had wilfully evaded the payment of tax. Consequently, they were liable to be punished. The trial court after examination of the evidence....

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....admitted that an amount of Rs.4,114.30, which was lying in the account of the assessee in the Punjab National Bank, Kotkapura, was attached on December 26, 1991. Thus, full payment was made by March 24, 1992. Mr. Sawhney contends that there was a wilful evasion of tax by the accused. Is it so? Learned counsel is unable to refer to any evidence on record to show that the assessee had the r....