https://www.taxtmi.com/caselaws?id=22117 The Explanation to Section 271(1)(c) places the burden on the assessee to show absence of fraud, gross neglect or wilful neglect. Where the Tribunal, on appraisal of the facts, finds that the assessee has discharged that burden and has neither concealed income nor furnished inaccurate particulars, that finding is factual and does not by itself raise a question of law. The Tribunal's cancellation of penalty was therefore sustained, and its reasoning was not vitiated by reference to the pre-Explanation position. en-us Wed, 06 Mar 1991 00:00:00 +0530 Mon, 07 Dec 2009 11:55:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=22117 The Explanation to Section 271(1)(c) places the burden on the assessee to show absence of fraud, gross neglect or wilful neglect. Where the Tribunal, on appraisal of the facts, finds that the assessee has discharged that burden and has neither concealed income nor furnished inaccurate particulars, that finding is factual and does not by itself raise a question of law. The Tribunal's cancellation of penalty was therefore sustained, and its reasoning was not vitiated by reference to the pre-Explanation position. Case-Laws Income Tax Wed, 06 Mar 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=22117