System India Castings. v. PCIT (2020) 425 ITR 158 (Chhattisgarh)(HC)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax – Penalty deleted – Launching of prosecution is held to be not valid [ S.277 ]

Court held that the act of concealment of income is the main constituent for the charge under S. 276C and 277 of the  Act, , once the Commissioner (Appeals) concluded that there was no concealment of income on the part of the assessee, the very foundation of the charge would not survive.( AY.1990-91)