https://www.taxtmi.com/caselaws?id=394363 Cancellation of penalty for earlier assessment years did not justify quashing criminal proceedings for wilful failure to furnish a wealth-tax return for a separate later year. The Court held that the offence under Section 35B of the Wealth Tax Act, 1957 turns on the independent statutory duty to file the return in time under Sections 14, 16 and 17, and not on the fate of a penalty order in another matter. A Tribunal order concerning different assessment years could not displace the prosecution, and the Supreme Court precedent cited on concealment-related prosecution was distinguishable on facts. The application under Section 482 CrPC was therefore meritless and the prosecution was allowed to continue. en-us Wed, 11 Dec 2019 00:00:00 +0530 Fri, 10 Apr 2020 11:10:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=394363 Cancellation of penalty for earlier assessment years did not justify quashing criminal proceedings for wilful failure to furnish a wealth-tax return for a separate later year. The Court held that the offence under Section 35B of the Wealth Tax Act, 1957 turns on the independent statutory duty to file the return in time under Sections 14, 16 and 17, and not on the fate of a penalty order in another matter. A Tribunal order concerning different assessment years could not displace the prosecution, and the Supreme Court precedent cited on concealment-related prosecution was distinguishable on facts. The application under Section 482 CrPC was therefore meritless and the prosecution was allowed to continue. Case-Laws Wealth-tax Wed, 11 Dec 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=394363