https://www.taxtmi.com/caselaws?id=20187 In concealment penalty proceedings arising from a return filed in response to section 148, the applicable penal law is the law in force when the original return for the relevant assessment year was filed, not the law prevailing when the reassessment return was submitted. On that basis, the old Indian Income-tax Act, 1922 governed the matter, so the Department had to prove concealment under section 28(1)(c) without reliance on the Explanation later introduced in section 271(1)(c) of the 1961 Act. The later Explanation could not be applied separately from the substantive penalty provision, and section 297(2)(g) did not alter the binding Supreme Court position. The penalty was therefore not sustainable. en-us Wed, 21 Jul 1993 00:00:00 +0530 Thu, 12 Nov 2009 13:01:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=20187 In concealment penalty proceedings arising from a return filed in response to section 148, the applicable penal law is the law in force when the original return for the relevant assessment year was filed, not the law prevailing when the reassessment return was submitted. On that basis, the old Indian Income-tax Act, 1922 governed the matter, so the Department had to prove concealment under section 28(1)(c) without reliance on the Explanation later introduced in section 271(1)(c) of the 1961 Act. The later Explanation could not be applied separately from the substantive penalty provision, and section 297(2)(g) did not alter the binding Supreme Court position. The penalty was therefore not sustainable. Case-Laws Income Tax Wed, 21 Jul 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=20187