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Tax-evasion prosecution founded solely on an assessment order lacks a subsisting basis once that order is set aside for fresh assessment. Where the complaint rests on the annulled assessment, the prosecution cannot be sustained. The resulting legal consequence is that the complaint, convictions and sentences are set aside, and the accused are acquitted. The principle applies where the assessment order forms the foundation of the criminal proceedings.
Tax-evasion prosecution founded solely on an assessment order lacks a subsisting basis once that order is set aside for fresh assessment. Where the complaint rests on the annulled assessment, the prosecution cannot be sustained. The resulting legal consequence is that the complaint, convictions and sentences are set aside, and the accused are acquitted. The principle applies where the assessment order forms the foundation of the criminal proceedings.
Note: It is a system-generated summary and is for quick reference only.