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1981 (9) TMI 212 - ITAT PUNEExtract: .......so when the ITO did not cross examine the depositor on this affidavit and did not bring any evidence on record in the penalty proceedings to prove the charge of concealment. The assesee had discharged his onus under Expln. to s. 271(1)(c) by producing the depositor. Under these circumstances we cancel penalty of Rs. 5,000 levied under s. 271(1)(c).
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