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    <title>2016 (12) TMI 245 - ITAT PUNE</title>
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    <description>The appeal was dismissed, and the penalty under section 271(1)(c) of the Income Tax Act, 1961, amounting to Rs. 13,80,438/- was upheld. The CIT(A) found that the assessee failed to disclose material facts related to unexplained cash credits, did not provide valid evidence to support their explanation, and did not discharge the burden of proof regarding the identity and creditworthiness of the creditors. The CIT(A) emphasized that the burden of proof lies on the assessee, and failure to provide a bona fide explanation leads to a presumption of concealment. The distinction between assessment and penalty proceedings was highlighted, with the penalty being upheld based on non-disclosure and lack of a genuine explanation.</description>
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      <title>2016 (12) TMI 245 - ITAT PUNE</title>
      <link>https://www.taxtmi.com/caselaws?id=335600</link>
      <description>The appeal was dismissed, and the penalty under section 271(1)(c) of the Income Tax Act, 1961, amounting to Rs. 13,80,438/- was upheld. The CIT(A) found that the assessee failed to disclose material facts related to unexplained cash credits, did not provide valid evidence to support their explanation, and did not discharge the burden of proof regarding the identity and creditworthiness of the creditors. The CIT(A) emphasized that the burden of proof lies on the assessee, and failure to provide a bona fide explanation leads to a presumption of concealment. The distinction between assessment and penalty proceedings was highlighted, with the penalty being upheld based on non-disclosure and lack of a genuine explanation.</description>
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      <pubDate>Fri, 25 Nov 2016 00:00:00 +0530</pubDate>
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