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1996 (5) TMI 37

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....eedings pending against them in Complaint Case No. 8 of 1990/TR 1914/1990 pending before Special Judge (Economic Offences), Muzaffarpur, including the order dated January 19, 1990, whereby cognizance against them has been taken for the offence under section 276B of the Income-tax Act, 1961. Opposite party No. 2 filed a complaint case against the petitioners alleging therein that the petitioners de....

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...., 1961, is less than Rs. 10,000 and the tax is also paid to the credit of the Central Government. Learned counsel pointed out that there is only allegation of delay in payment of tax and hence the prosecution of the petitioner for the offence under section 276B of the Income-tax Act is bad in law. Learned counsel for income-tax, Mr. Sharan, contended that in view of the notification contained in a....