https://www.taxtmi.com/caselaws?id=62098 Concealment of income was treated as established on the record, and the revised return only reduced the concealed amount and the penalty exposure. The governing test for penalty jurisdiction was the law in force on the date of concealment, namely when the return was furnished. Because the minimum penalty then exceeded the Income-tax Officer's competence, jurisdiction vested in the Inspecting Assistant Commissioner, making the issue substantive rather than merely procedural. On that basis, the penalty order was held invalid and could not be sustained notwithstanding the finding of concealment. en-us Mon, 09 Aug 1976 00:00:00 +0530 Tue, 18 Jan 2011 11:10:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=62098 Concealment of income was treated as established on the record, and the revised return only reduced the concealed amount and the penalty exposure. The governing test for penalty jurisdiction was the law in force on the date of concealment, namely when the return was furnished. Because the minimum penalty then exceeded the Income-tax Officer's competence, jurisdiction vested in the Inspecting Assistant Commissioner, making the issue substantive rather than merely procedural. On that basis, the penalty order was held invalid and could not be sustained notwithstanding the finding of concealment. Case-Laws Income Tax Mon, 09 Aug 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=62098