https://www.taxtmi.com/caselaws?id=38882 The High Court upheld the Tribunal's decision to cancel the penalty imposed on the legal representative of a deceased assessee under section 271(1)(c) of the Income-tax Act. The court found that despite the applicability of the Explanation to the section, the presumption of concealment was rebutted by the circumstances of the case, including the insignificant amount of omitted income and lack of evidence of deliberate tax evasion. The court emphasized that the burden of proof becomes immaterial when concealment is determined based on the evidence on record. The assessee was awarded costs amounting to Rs. 200. en-us Mon, 31 Mar 1975 00:00:00 +0530 Sat, 10 Apr 2010 11:53:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=38882 The High Court upheld the Tribunal's decision to cancel the penalty imposed on the legal representative of a deceased assessee under section 271(1)(c) of the Income-tax Act. The court found that despite the applicability of the Explanation to the section, the presumption of concealment was rebutted by the circumstances of the case, including the insignificant amount of omitted income and lack of evidence of deliberate tax evasion. The court emphasized that the burden of proof becomes immaterial when concealment is determined based on the evidence on record. The assessee was awarded costs amounting to Rs. 200. Case-Laws Income Tax Mon, 31 Mar 1975 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=38882