Prosecution couldn’t be launched unless it is proved that unaccounted transactions were liable for payment of tax

INCOME TAX : In order to render accused/respondent guilty of attempt to evade tax, penalty or interest, it must be shown that he has done some positive act with an intention to evade any tax, penalty or interest

from www.taxmann.com Latest Case Laws https://www.taxmann.com/research/direct-tax-laws/top-story/101010000000314558/prosecution-couldn’t-be-launched-unless-it-is-proved-that-unaccounted-transactions-were-liable-for-payment-of-tax.aspx