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The judgment involves the interpretation of penalty levied under section 271(1)(c) of the Income-tax Act, 1961 based on undisclosed sources of income and the burden of proof on the assessee to show no fraud or wilful neglect in returning income. Summary: The High Court of Madhya Pradesh considered applications filed under section 256(2) of the Income-tax Act, 1961 by the Department regarding penalty levied on the assessee for the assessment years 1969-70 and 1970-71. The assessee claimed that investments were made from gifts and donations received, but the Income Tax Officer (ITO) treated them as income from undisclosed sources, initiating penalty proceedings. The Tribunal, following Supreme Court decisions, cancelled the penalty for 1970-71. The Department sought to refer questions of law to the High Court, which were rejected. The Appellate Authority Commissioner (AAC) also cancelled the penalty for 1969-70, leading to further applications and questions of law. The Department contended that the burden was on the assessee to prove no fraud or wilful neglect, but the Tribunal found no grounds for penalty imposition. The Tribunal considered evidence, including certificates of gifts and donations, and the voluntary income disclosure by the assessee. It was noted that the AAC did not invoke the Explanation to section 271(1)(c) of the Act. The Tribunal concluded that there was no indication of fraud or wilful neglect by the assessee in returning income, leading to the penalty cancellation. As no legal questions arose from the Tribunal's order, the High Court dismissed the applications. In conclusion, the High Court dismissed the applications, stating that the burden of proof was met by the assessee, and no grounds for penalty imposition were found based on the evidence presented. The Tribunal's decision to cancel the penalty was upheld, and no legal questions were identified for further consideration.
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