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Issues involved: Appeal u/s 260A of the Income-tax Act, 1961 against the order of the Income-tax Appellate Tribunal regarding penalty proceedings for assessment year 1998-99.
Summary: 1. The Tribunal set aside penalty proceedings initiated by the Assessing Officer, upheld by the CIT(A), as no case was made out for penalty initiation based on the assessee's voluntary surrender of income. 2. During assessment, it was found that the assessee had not conducted business for three years but showed sundry creditors in the balance sheet. The assessee voluntarily surrendered the amount for taxation, stating it was time-barred loans. The Assessing Officer added back the amount and initiated penalty proceedings u/s 271(1)(c). 3. The CIT(A) relied on precedents to determine that mere voluntary surrender of income does not imply concealment. Without additional adverse material, the initiation of penalty proceedings was deemed unwarranted. 4. The Tribunal upheld the CIT(A)'s decision, noting the lack of additional adverse material beyond the voluntary surrender of income by the assessee. 5. Both authorities' concurrent view was supported, finding no error in the decision-making process. The lack of evidence to support penalty initiation against the assessee was emphasized. 6. The Court found no error in the decisions of the CIT(A) and the Tribunal, as the assessee's voluntary surrender of income did not warrant penalty proceedings. No substantial question of law arose, and the appeal was dismissed.
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