https://www.taxtmi.com/caselaws?id=7594 Assessment findings may be used as relevant material in penalty proceedings under section 28(1)(c) of the Indian Income-tax Act, 1922, but they do not operate as res judicata because penalty depends on distinct considerations. An addition in assessment, or rejection of the assessee's explanation, does not by itself establish penalty liability. The department must independently prove that the amount was taxable income and that there was conscious and deliberate concealment or furnishing of inaccurate particulars. On the facts noted, the Tribunal's view that the earlier quantum finding did not automatically justify penalty was upheld, and penalty was held not leviable. en-us Wed, 29 Jan 1969 00:00:00 +0530 Thu, 05 Mar 2009 12:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7594 Assessment findings may be used as relevant material in penalty proceedings under section 28(1)(c) of the Indian Income-tax Act, 1922, but they do not operate as res judicata because penalty depends on distinct considerations. An addition in assessment, or rejection of the assessee's explanation, does not by itself establish penalty liability. The department must independently prove that the amount was taxable income and that there was conscious and deliberate concealment or furnishing of inaccurate particulars. On the facts noted, the Tribunal's view that the earlier quantum finding did not automatically justify penalty was upheld, and penalty was held not leviable. Case-Laws Income Tax Wed, 29 Jan 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7594