2002 (2) TMI 30

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..... al 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. - - - - .....

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..... d. On the other hand, learned counsel for the respondent-Department has drawn my attention to section 278E of the Income-tax Act, where question of mens rea is left open to the assessee to be dislodged in defence. 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 Jul .....

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