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2005 (1) TMI 85 - MADHYA PRADESH HIGH COURTPenalty under section 271(1)(c) - applicability of the Explanation to section 271(1)(c) - Every concealment does not attract the rigour of section 271(1)(c). It must be deliberate and intentional being in the knowledge of the assessee so as to evade payment of income-tax. The assessee being a non-profit organisation managed and controlled by the Government of India for supply/distribution of electricity in the State, it cannot be held that they had any deliberate intention to evade payment of tax. If due to some accountancy system maintained, one entry could not be subjected to tax, the same was rightly not made the basis for imposing a penalty of Rs. 1,00,000 under section 271(1)(c) ibid - Tribunal was justified in holding that the provisions of Explanation 4 to section 271(1) are not applicable
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