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    <title>2026 (5) TMI 1335 - ITAT CHENNAI</title>
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    <description>Section 43 of the Black Money Act is described as discretionary, not automatic, because the word &quot;may&quot; and the hearing requirement require a judicious exercise of power on the facts of each case. Where a foreign investment was made from disclosed, tax-paid funds routed through regular banking channels, and the related income and capital loss were reported in returns, a failure to complete one disclosure column in Schedule FA is treated as a bona fide technical lapse rather than a substantive concealment. On that reasoning, penalty is said to be unwarranted where the omission is only venial and the asset&#039;s source is fully explained.</description>
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