No penalty u/s 271(1)(c) for unproved but not disproved explanations by assessee acknowledging income.

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....Penalty u/s 271(1)(c) - assessee accepted outstanding sundry creditor as income in assessment proceedings - there was no allegation made that the statement given by the assessee was either mala fide or lacks bona fide or suppressed information with an intent to evade payment of tax - if the assessee gives an explanation which is unproved but not disproved - no penalty....