TIWARI KANAHAIYALAL ETC. vs THE COMMISSIONER OF INCOME TAX, DELHI

The Supreme Court held that under Section 297(2)(g) of the Income-tax Act, 1961, penalty proceedings for assessments completed after April 1, 1962, can be initiated under the 1961 Act, thus allowing prosecution under Section 52 of the repealed Income-tax Act, 1922. The Court clarified that Article 20(1) does not bar prosecution as the penalty was imposed under Section 271 of the 1961 Act, and Section 28(4) of the 1922 Act does not apply since no penalty was imposed under that section. The appeal was dismissed, affirming the High Court's decision to proceed with the trial for the alleged offence.