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The brief facts of the case are that in the case of the assessee the A.O passed an assessment order dated 31.03.2016 under section 143(3) of the Income Tax Act, 1961, inter-alia, making the following addition(s)/ disallowance(s): -
i. Disallowance of Rs. 67,00,748/- claimed as Long Term Capital Gain exempt under section 10(38) of the Income Tax Act, 1961.
ii. Addition on account of Valuation of closing stock - Rs. 15,42,274/-
iii. Disallowance u/s 40a(ia) - Rs. 9,63,357/

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Section 271(1)(c) of the Income Tax Act, 1961 — Penalty — Concealment Penalty — A mere claim by the assessee would not amount to furnishing of inaccurate particulars and all the purchases and sales of shares have been  clearly shown in the income and expenditure account and there was no inaccurate particulars furnished by the assessee. In the proceedings under section 271(1)(c) the onus is on the AO to prove which facts or records submitted by the assessee are false or incorrect and that the assessee had furnished inaccurate particulars or concealed its income — Deputy Commissioner of income tax vs. Smt. Sheila Ahmad [2019] 74 ITR (trib) 523 (Lucknow)

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