NARENDRAKUMAR KHANDELWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANTS are hereby taking exception to the order of conviction passed by Additional Chief Judicial Magistrate (Economic Offences), Indore in Criminal Case No. 14/87 on 12th April, 1996 for the offence punishable under Section 276-B/278-B of the Income Tax Act, 1961 (for brevity, "the Act") thereby sentencing 6 months RI with fine of Rs. 2000/- to applicant Nos. 1 and 2 and fine of Rs. 2000/- to the applicant No. 3 ID. 1 month SI as also the order dated 21-9-98 passed by learned ASJ, Indore in Criminal Appeal No. 72/96 thereby maintaining conviction and sentence.

(2.) INDISPUTABLY, applicants No. 1 Narendrakumar and No. 2 Pramodkumar are partners of Applicant No. 3 M/s. Khandelwal Steel Sales, 27, South Hathipala, Indore. The non-applicants had filed criminal complaint against applicants on 30-3-87. The allegation made in the complaint was that in the previous relevant Assessment Year 1986-87, accused persons had paid interest amount of Rs. 23,158.75 to various creditors but they failed to deduct and deposit in time the corresponding TDS amount of Rs. 2,314/-.

(3.) THE Trial Court found the applicants guilty for the aforesaid offence. On appeal, the Appellate Court has also affirmed the same.