https://www.taxtmi.com/caselaws?id=18050 Criminal prosecution for concealment or furnishing inaccurate particulars under the Income-tax Act cannot be sustained where the penalty founded on the same facts is set aside by the Tribunal with a finding that concealment was not established. Although prosecution may ordinarily proceed despite pending assessment or reassessment proceedings, continuation becomes unjustified once the appellate finding removes the very basis of the complaint. The principle is that rejection of an explanation, without more, does not by itself prove concealment, and a prosecution resting entirely on that allegation cannot survive when the penalty is quashed on the same material. en-us Tue, 10 Sep 1996 00:00:00 +0530 Sat, 26 Sep 2009 14:00:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=18050 Criminal prosecution for concealment or furnishing inaccurate particulars under the Income-tax Act cannot be sustained where the penalty founded on the same facts is set aside by the Tribunal with a finding that concealment was not established. Although prosecution may ordinarily proceed despite pending assessment or reassessment proceedings, continuation becomes unjustified once the appellate finding removes the very basis of the complaint. The principle is that rejection of an explanation, without more, does not by itself prove concealment, and a prosecution resting entirely on that allegation cannot survive when the penalty is quashed on the same material. Case-Laws Income Tax Tue, 10 Sep 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=18050