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1997 (4) TMI 118 - ITAT JABALPURExtract: ....... exceptions are alternative and once the assessee s case is covered by the first exception, the assessee cannot to penalised for concealment of income by invoking Explanation 5 to section 271(1)(c). Therefore, we uphold the order of the learned CIT(Appeals) cancelling the penalty of Rs. 2,85,000. 11. In the result, the Revenue s appeal is dismissed
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