2002 (2) TMI 30 - HC - Income Tax

Offences And Prosecution - Penalty - Having heard learned counsel for the parties and in the facts and circum stances of this case, where the addition of Rs. 80,000 has become final vide an order of the Tribunal dated July 20, 1992. The adjudication in the penalty proceedings cannot be binding on the criminal court. It must arrive at its own decision on an independent evaluation of evidence adduced before it and the assessee will have all opportunity under section 278E of the Income-tax Act to dispel the presumption. In this view of the matter, I find no infirmity in the order under challenge.

Summary

The High Court of Delhi dismissed the revision petition against the Additional Chief Metropolitan Magistrate's order to continue proceedings under section 276C of the Income-tax Act, 1961. The court stated that the Tribunal's finding in penalty proceedings does not bind the criminal court, which must independently evaluate evidence. The petitioner's argument based on lack of wilful concealment was not accepted. The case was cited as 2002 (2) TMI 30 - DELHI High Court with Judge R. S. Sodhi presiding.