https://www.taxtmi.com/caselaws?id=4727 Criminal prosecution under the Income-tax Act cannot be sustained where the penalty proceedings forming its foundation have been set aside by the competent appellate authority. The Court applied the principle that once the appellate finding removes the alleged concealment or penal liability, the prosecution based on the same tax default loses its substratum. The connected penalty had been cancelled on the view that the facts did not justify its levy, and the consequential prosecution was therefore held unsustainable and quashed. en-us Mon, 17 Mar 2008 00:00:00 +0530 Sat, 06 May 2017 16:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=4727 Criminal prosecution under the Income-tax Act cannot be sustained where the penalty proceedings forming its foundation have been set aside by the competent appellate authority. The Court applied the principle that once the appellate finding removes the alleged concealment or penal liability, the prosecution based on the same tax default loses its substratum. The connected penalty had been cancelled on the view that the facts did not justify its levy, and the consequential prosecution was therefore held unsustainable and quashed. Case-Laws Income Tax Mon, 17 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=4727