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The learned judges held that a mere estimate of cost cannot constitute material on which a finding of concealment can be rendered. In thatcase, some explanation had been offered by the assessee as to why the construction was at an economical cost. This explanation was not accepted by the ITO. The learned judges held that even if the assessee's explanation was not acceptable, it would still require some further material to support the finding that the assessee had concealed its taxable income.

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Sec. 271(1)(c) of Income Tax Act, 1961 – Penalty – Revenue filed five appeals against different orders of the CIT(A), for the different A.Yrs. which are emanated from the orders of the levy of penalty passed by the AO u/s 271(1)(c) of the IT Act. ITAT dismissed all the appeals of the revenue observing that:- There is no evidence in this case to show that the assessee had understated the construction expenses in its accounts. The only basis for the addition in the assessment as well as for the levy of penalty is that furnished by the Department Valuer's estimated figure and a valuation estimate, without more, cannot justify a finding of concealment —ITO Vs. SHIHABUDEEN (A.)  [2020] 79 ITR (TRIB) 280 (ITAT–COCHIN)

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