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138ni act

(Querist) 29 September 2013 This query is : Resolved 
Sir,
There is 138 ni act case is pending before me.MY GROUND IS THAT THERE IS NO LIABILITY AGAINST ME OF THIS CHEQUE.

IN MY DEFENCE I HAVE CALLED INCOME TAX DEPT ALONG WITH BALANCE SHEET OF COMPLAINANT IN WHICH THERE WAS DEBTOR AND CREDITOR LIST WAS NIL.

Kindly provide me citation in which there are nil debtor and creditor 138 is not attracted and accused should be acquittal on this ground.

Pls help me.
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santhosh.g. (Expert) 30 September 2013
no. you cannot called for the income tax return to the department. it is not binding on the it department and non filing of return is not a ground in 138 case

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