Penalty Upheld for Continuous Default in Filing u/s 139(1); No Bona Fide Mistake Found in Real Estate Income Disclosure.

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....Penalty u/s 271(1)(c) under Explanation 5A - no return u/s 139(1) - return filed u/s 153A disclosing Capital Gain which was accepted - it is neither a case of bonafide mistake nor a case of bonafide belief but it is a continues default on the part of the assessee for not filing even return of income despite the activity in the real estate and earning the income therefrom - penalty upheld....