2019 (7) TMI 918

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..... tood then provides that no penalty shall be imposed on the assessee for any failure referred in the said provisions. If the assessee proves that there was reasonable cause for the said failure. For an assessee to bring his case within the ambit and purview of a reasonable cause, the assessee will have to demonstrate that there are reasonable grounds to suggest that the amount received as a Subcont .....

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..... d by the lower authorities. 2. Mr. Kolte the learned advocate for the petitioner submits that the present appeal is limited to the extent of penalty imposed upon the petitioner. The petitioner is entitled to the benefit of Section 80 as it stood then. Unfortunately, the case of the petitioner was not properly put-forth before the authorities and as such the authorities did not ha .....

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..... petitioner had admitted the liability of the tax on the amount received as a Subcontractor. However, the petitioner did not disclose the amount received to him as a Subcontractor. The Tribunal considered the same to be a mis-declaration and also observed that the situation is not that Section 80 can be invoked. 5. Section 80 as it stood then provides that no penalty shall be imposed on th .....

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