https://www.taxtmi.com/caselaws?id=17423 Criminal prosecution for concealment of income and furnishing of inaccurate particulars could not proceed where the penalty orders based on the same allegations had been set aside by the appellate authority and that finding had attained finality before the Tribunal. The Tribunal also recorded that the Department had failed to prove concealment or furnishing of inaccurate particulars. Although penalty and prosecution are distinct proceedings, the final statutory finding in favour of the assessee removed the foundation of the complaint, making continuation of the criminal case on the same facts unjustified. en-us Mon, 11 Sep 1995 00:00:00 +0530 Tue, 22 Sep 2009 12:53:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=17423 Criminal prosecution for concealment of income and furnishing of inaccurate particulars could not proceed where the penalty orders based on the same allegations had been set aside by the appellate authority and that finding had attained finality before the Tribunal. The Tribunal also recorded that the Department had failed to prove concealment or furnishing of inaccurate particulars. Although penalty and prosecution are distinct proceedings, the final statutory finding in favour of the assessee removed the foundation of the complaint, making continuation of the criminal case on the same facts unjustified. Case-Laws Income Tax Mon, 11 Sep 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=17423