https://www.taxtmi.com/caselaws?id=400473 Criminal prosecution for wilful tax evasion was held maintainable even though the assessment had been set aside and reassessment proceedings were pending or remanded, because the complaint was based on alleged concealment and non-disclosure of capital gains rather than on the assessment order itself. The Court treated assessment and prosecution as separate and distinct, and held that prosecution need not await completion of assessment where the materials still supported concealment. The sanction for prosecution was also upheld as reasoned and not mechanical, since the authority considered the transactions, the assessee's representation, and the statutory position that prosecution is independent of assessment. en-us Wed, 28 Oct 2020 00:00:00 +0530 Wed, 04 Aug 2021 15:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=400473 Criminal prosecution for wilful tax evasion was held maintainable even though the assessment had been set aside and reassessment proceedings were pending or remanded, because the complaint was based on alleged concealment and non-disclosure of capital gains rather than on the assessment order itself. The Court treated assessment and prosecution as separate and distinct, and held that prosecution need not await completion of assessment where the materials still supported concealment. The sanction for prosecution was also upheld as reasoned and not mechanical, since the authority considered the transactions, the assessee's representation, and the statutory position that prosecution is independent of assessment. Case-Laws Income Tax Wed, 28 Oct 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=400473