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    <title>2017 (5) TMI 1570 - ITAT MUMBAI</title>
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    <description>Penalty under section 271(1)(c) was held not leviable where the additions and disallowances were materially similar to those examined in the assessee&#039;s earlier years. The governing principle applied was that penalty requires concealment of income or furnishing of inaccurate particulars, and a claim rejected in law does not by itself establish concealment. As identical penalty issues had already been deleted in the assessee&#039;s own case on the same reasoning, judicial consistency was followed and the penalty deletion was upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=273165</link>
      <description>Penalty under section 271(1)(c) was held not leviable where the additions and disallowances were materially similar to those examined in the assessee&#039;s earlier years. The governing principle applied was that penalty requires concealment of income or furnishing of inaccurate particulars, and a claim rejected in law does not by itself establish concealment. As identical penalty issues had already been deleted in the assessee&#039;s own case on the same reasoning, judicial consistency was followed and the penalty deletion was upheld.</description>
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      <pubDate>Wed, 24 May 2017 00:00:00 +0530</pubDate>
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