https://www.taxtmi.com/caselaws?id=356348 Criminal prosecution under sections 276C(1) and 277 of the Income-tax Act could not survive once the ITAT finally held that there was no concealment of income and that penalty was not leviable. The prosecution and penalty rested on the same allegation of concealment for the relevant assessment year, so the final finding in favour of the assessee removed the factual and legal foundation of the criminal complaint. Continuation of the complaint and summoning proceedings was therefore without jurisdiction and an empty formality, and both were liable to be quashed. en-us Thu, 02 Nov 2017 00:00:00 +0530 Wed, 28 Feb 2018 13:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=356348 Criminal prosecution under sections 276C(1) and 277 of the Income-tax Act could not survive once the ITAT finally held that there was no concealment of income and that penalty was not leviable. The prosecution and penalty rested on the same allegation of concealment for the relevant assessment year, so the final finding in favour of the assessee removed the factual and legal foundation of the criminal complaint. Continuation of the complaint and summoning proceedings was therefore without jurisdiction and an empty formality, and both were liable to be quashed. Case-Laws Income Tax Thu, 02 Nov 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=356348