https://www.taxtmi.com/caselaws?id=39878 The High Court dismissed the application seeking direction for the Tribunal to refer a question regarding the cancellation of a penalty under section 271(1)(c) of the Income-tax Act. The court clarified that the Explanation to section 271(1)(c) creates a rebuttable presumption, placing the burden of proof on the assessee to show no fraud or neglect. As the Tribunal's decision to cancel the penalty was based on factual findings that there was no fraud or neglect, the court upheld the decision, emphasizing that such determinations do not raise legal questions. en-us Tue, 13 Aug 1974 00:00:00 +0530 Tue, 20 Apr 2010 17:49:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39878 The High Court dismissed the application seeking direction for the Tribunal to refer a question regarding the cancellation of a penalty under section 271(1)(c) of the Income-tax Act. The court clarified that the Explanation to section 271(1)(c) creates a rebuttable presumption, placing the burden of proof on the assessee to show no fraud or neglect. As the Tribunal's decision to cancel the penalty was based on factual findings that there was no fraud or neglect, the court upheld the decision, emphasizing that such determinations do not raise legal questions. Case-Laws Income Tax Tue, 13 Aug 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39878