The prosecution under section 276C was founded on allegations of concealment, while the Tribunal had, on merits, deleted the penalty under section 271AAB after holding that there was no concealment and that the statutory conditions for levy of penalty were not satisfied. The High Court held that the factual foundation for prosecution on identical allegations could not survive after the Tribunal’s categorical exoneration. Mere pendency of the Department’s appeal against the Tribunal’s order, without any stay, did not revive the findings set aside by the Tribunal. Accordingly, the prosecution was quashed, while preserving the Department’s liberty to seek revival if the Tribunal’s order was subsequently reversed. (AY. 2014-15)