Mere conviction under N.I. Act cannot lead to presumption of contravention of Section 269SS provisions

Mohan Lal Vs JCIT (ITAT Jaipur)

Magistrate had convicted the assessee on the complaint filed U/s 138 of the N.I. Act by Shri Aditya Kumar Sharma but that does not ipso facto mean that assessee has taken or accepted any loan or deposit or any specified sum in cash from the said Aditya Kumar Sharma.

The A.O. was under an obligation to make necessary independent enquiry in this respect but the A.O. has not even called the said person i.e. Shri Aditya Kumar Sharma who has lodged complaint case against the assessee and eve

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