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    <title>1989 (2) TMI 91 - KERALA High Court</title>
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    <description>The High Court upheld the Appellate Tribunal&#039;s decision that no penalty was applicable under section 271(1)(c) of the Income-tax Act, 1961 for the assessment year 1975-76. The Court found that the assessee had proven that the failure to report correct income was not due to fraud or neglect. It was determined that the evidence and explanations provided during assessment proceedings were sufficient to discharge the burden of proof in penalty proceedings. The Court emphasized the distinction between assessment and penalty proceedings, allowing re-evaluation of assessment materials in penalty cases. The Revenue&#039;s petition challenging the cancellation of the penalty was dismissed.</description>
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    <pubDate>Mon, 13 Feb 1989 00:00:00 +0530</pubDate>
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      <title>1989 (2) TMI 91 - KERALA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=24284</link>
      <description>The High Court upheld the Appellate Tribunal&#039;s decision that no penalty was applicable under section 271(1)(c) of the Income-tax Act, 1961 for the assessment year 1975-76. The Court found that the assessee had proven that the failure to report correct income was not due to fraud or neglect. It was determined that the evidence and explanations provided during assessment proceedings were sufficient to discharge the burden of proof in penalty proceedings. The Court emphasized the distinction between assessment and penalty proceedings, allowing re-evaluation of assessment materials in penalty cases. The Revenue&#039;s petition challenging the cancellation of the penalty was dismissed.</description>
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      <pubDate>Mon, 13 Feb 1989 00:00:00 +0530</pubDate>
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