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Bench: Justice (Retd.) C V Bhadang & Shri Arun Khodpia, Am
37. In view of the above, it is held that assessee has failed to offer bonafide explanation in respect of the committed default making this a fit case for levy of penalty, I am of view that the assessee is liable for penalty and the tax sought to be evaded' is computed pursuant to clause (iii) of section 271(1