https://www.taxtmi.com/caselaws?id=26126 Penalty under Section 271(1)(c) could not be sustained where the Explanation did not apply and the Revenue failed to discharge the initial burden of proving concealment or furnishing of inaccurate particulars. The Tribunal found the record insufficient to shift that burden to the assessee, so setting aside the penalty order was justified. A remand for fresh decision after allowing the assessee to produce material caused no actionable prejudice to the Revenue. The High Court therefore upheld the remand and answered the reference in favour of the assessee. en-us Wed, 26 Jun 1985 00:00:00 +0530 Wed, 03 Feb 2010 10:18:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=26126 Penalty under Section 271(1)(c) could not be sustained where the Explanation did not apply and the Revenue failed to discharge the initial burden of proving concealment or furnishing of inaccurate particulars. The Tribunal found the record insufficient to shift that burden to the assessee, so setting aside the penalty order was justified. A remand for fresh decision after allowing the assessee to produce material caused no actionable prejudice to the Revenue. The High Court therefore upheld the remand and answered the reference in favour of the assessee. Case-Laws Income Tax Wed, 26 Jun 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=26126