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    <title>2015 (4) TMI 1262 - ITAT HYDERABAD</title>
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    <description>Penalty under section 271(1)(c) is not attracted where the assessee has disclosed all primary facts, advanced a bona fide explanation, and taken a plausible view on computation of capital gains from ESOP shares. Penalty proceedings must be examined independently of the assessment, and a mere addition in assessment does not by itself prove concealment or furnishing of inaccurate particulars. As the ESOP transactions, exercise dates, market values, foreign tax paid, and the basis for adopting fair market value as cost were fully disclosed, the explanation was accepted as bona fide and penalty was held not leviable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=279881</link>
      <description>Penalty under section 271(1)(c) is not attracted where the assessee has disclosed all primary facts, advanced a bona fide explanation, and taken a plausible view on computation of capital gains from ESOP shares. Penalty proceedings must be examined independently of the assessment, and a mere addition in assessment does not by itself prove concealment or furnishing of inaccurate particulars. As the ESOP transactions, exercise dates, market values, foreign tax paid, and the basis for adopting fair market value as cost were fully disclosed, the explanation was accepted as bona fide and penalty was held not leviable.</description>
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