https://www.taxtmi.com/caselaws?id=400627 Prosecution for wilful attempt to evade tax under section 276C(2) was stayed because the underlying tax demand had not attained finality. The assessment demand had been partly reduced in first appeal, and the Tribunal appeal was later restored and remained pending on merits. In these circumstances, the demand was still sub judice and could not be treated as crystallised for criminal prosecution, even though assessment proceedings and prosecution are generally independent. The court also noted the substantial payment already made by the assessee. The prosecution was therefore ordered to remain stayed until the Tribunal finally decides the pending appeal on merits. en-us Fri, 06 Nov 2020 00:00:00 +0530 Tue, 10 Nov 2020 10:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=400627 Prosecution for wilful attempt to evade tax under section 276C(2) was stayed because the underlying tax demand had not attained finality. The assessment demand had been partly reduced in first appeal, and the Tribunal appeal was later restored and remained pending on merits. In these circumstances, the demand was still sub judice and could not be treated as crystallised for criminal prosecution, even though assessment proceedings and prosecution are generally independent. The court also noted the substantial payment already made by the assessee. The prosecution was therefore ordered to remain stayed until the Tribunal finally decides the pending appeal on merits. Case-Laws Income Tax Fri, 06 Nov 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=400627