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grounds are raised in these appeals and they read as follow:- “1. Assessment was done not on the basis of any books of accounts, but purely on estimation basis. 2. The Appellant had not concealed any particulars of Income. 3. The Appellant is not aware about the reason for the excess cash or other incriminating documents seized from the Company at the time of raid. 4. Till the date of director's resignation, the appellant company had maintained the books of accounts, records and related documents properly and were flawlessly updated. 5. Ex- Directors of the appellant Company are facing severe financial crisis. The imposition of penalty at this stage would create genuine hardship to the Directors.

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Sec. 271(1)(c) of Income Tax Act, 1961— Penalty —Concealment penalty — The penalty proceedings initiated are separate from the quantum assessments and if the assessee can prove in penalty proceedings that the additions in the quantum assessments are not warranted, necessarily, the penalty imposed has to be deleted and since the assessee has not been represented before the first appellate authority with regard to the penalty proceedings, in the interest of justice and equity, the assessee should be granted one more opportunity of being heard and the assessee shall cooperate with the Department and furnish necessary documents and evidences to prove its case—UNITED TROPICON VENEERS P. LTD. Vs. ASSTT. CIT  [2020] 78 ITR (TRIB) 299 (ITAT-COCHIN).

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