https://www.taxtmi.com/caselaws?id=4726 Prosecution for concealment and false verification under the Income-tax Act could not continue after the ITAT cancelled the penalty and found that the income enhancement was only estimated and concealment was not established. The Court held that penalty and prosecution for concealment rest on the same factual foundation, so once the appellate authority conclusively negates concealment, the criminal case cannot survive. The presence of a charge under section 277 did not change the result because the allegation still depended on concealment. The prosecution was therefore quashed as not maintainable. en-us Fri, 14 Dec 2007 00:00:00 +0530 Fri, 20 Jan 2012 15:04:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=4726 Prosecution for concealment and false verification under the Income-tax Act could not continue after the ITAT cancelled the penalty and found that the income enhancement was only estimated and concealment was not established. The Court held that penalty and prosecution for concealment rest on the same factual foundation, so once the appellate authority conclusively negates concealment, the criminal case cannot survive. The presence of a charge under section 277 did not change the result because the allegation still depended on concealment. The prosecution was therefore quashed as not maintainable. Case-Laws Income Tax Fri, 14 Dec 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=4726