https://www.taxtmi.com/caselaws?id=20751 The High Court of Calcutta remanded a case involving the cancellation of a penalty order by the Tribunal under section 271(1)(c) of the Income-tax Act, 1961. The Court emphasized the burden on the assessee to prove the absence of fraud or neglect in declaring lower income. Relying on legal precedents, the Court directed a rehearing by the Tribunal with proper representation for the assessee, stressing adherence to burden of proof standards. The judgment highlighted the importance of the Explanation to section 271(1)(c) and the necessity for fair assessment in penalty proceedings. en-us Mon, 12 Nov 1990 00:00:00 +0530 Tue, 17 Nov 2009 10:40:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=20751 The High Court of Calcutta remanded a case involving the cancellation of a penalty order by the Tribunal under section 271(1)(c) of the Income-tax Act, 1961. The Court emphasized the burden on the assessee to prove the absence of fraud or neglect in declaring lower income. Relying on legal precedents, the Court directed a rehearing by the Tribunal with proper representation for the assessee, stressing adherence to burden of proof standards. The judgment highlighted the importance of the Explanation to section 271(1)(c) and the necessity for fair assessment in penalty proceedings. Case-Laws Income Tax Mon, 12 Nov 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=20751