https://www.taxtmi.com/caselaws?id=71706 Penalty under section 271(1)(c) was not sustainable where an unexplained cash credit was assessed as income from undisclosed sources but no positive material showed concealment. The assessee's explanation was rejected for assessment purposes, yet that inference alone did not establish deliberate concealment for penalty. The department remained bound to prove concealment by positive evidence and failed to discharge that burden. Applying the rule in Anwar Ali, the tribunal held that assessment of unexplained income and levy of concealment penalty are distinct, and the penalty was cancelled. en-us Sat, 24 Jan 1976 00:00:00 +0530 Tue, 26 Apr 2011 16:58:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=71706 Penalty under section 271(1)(c) was not sustainable where an unexplained cash credit was assessed as income from undisclosed sources but no positive material showed concealment. The assessee's explanation was rejected for assessment purposes, yet that inference alone did not establish deliberate concealment for penalty. The department remained bound to prove concealment by positive evidence and failed to discharge that burden. Applying the rule in Anwar Ali, the tribunal held that assessment of unexplained income and levy of concealment penalty are distinct, and the penalty was cancelled. Case-Laws Income Tax Sat, 24 Jan 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=71706