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2014 (3) TMI 1013 - AT - Income TaxPenalty proceedings u/s 271AAA - CIT(A) deleted the addition - Held that - Revenue has not asked the assessee to disclose the manner in which such income was earned. In any case once the income is surrendered during the course of search u/s 132(4) it can be safely assumed that during discussion the assessee must have disclosed the manner. In any case we find force in the submissions of the Ld. Counsel for the assessee that if the Explanation of the assessee has been accepted for a sum of ₹ 1987500 out of total surrender of ₹ 4 crore then same manner should have been accepted for the whole of the amount. It is not clear from the penalty order how explanation for ₹ 1987500 was accepted. In any case the Ld. CIT(A) has considered all these issues in detail and the D.R. for the Revenue has not referred to any material or decision which can controvert the findings of the CIT(A). - Decided in favour of assessee.
Issues Involved:
1. Deletion of penalty under Section 271AAA for undisclosed income. 2. Compliance with conditions of Section 271AAA(2) for immunity from penalty. 3. Definition and determination of "undisclosed income" under Section 271AAA. Issue-wise Detailed Analysis: 1. Deletion of Penalty under Section 271AAA for Undisclosed Income: The Revenue appealed against the order of the CIT(A) which deleted the penalty of Rs. 38,01,250/- imposed under Section 271AAA. The Revenue contended that the assessee failed to substantiate the manner in which the undisclosed income was derived, a requirement for immunity from penalty under Section 271AAA(2). The Tribunal noted that the assessee had surrendered Rs. 4 crore during a search, which was included in the return of income, and taxes were duly paid. The Assessing Officer levied a penalty on the balance amount after excluding Rs. 19,87,500/- from the total surrendered amount. 2. Compliance with Conditions of Section 271AAA(2) for Immunity from Penalty: The CIT(A) found that the assessee had complied with the conditions of Section 271AAA(2) by admitting the undisclosed income during the search, specifying the manner of earning such income, and paying the due taxes. The Tribunal upheld the CIT(A)'s finding, stating that the penalty could not be levied as the assessee had fulfilled the required conditions. The Tribunal emphasized that the definition of "undisclosed income" under Section 271AAA is exhaustive and includes income represented by money, bullion, jewellery, or other valuable articles or entries in the books of account found during the search. 3. Definition and Determination of "Undisclosed Income" under Section 271AAA: The Tribunal referred to the definition of "undisclosed income" provided in the Explanation to Section 271AAA, which includes income represented by assets or documents found during the search. The CIT(A) observed that the income disclosed by the assessee was not represented by any assets or documents found during the search and thus did not fall under the definition of "undisclosed income." Consequently, the penalty under Section 271AAA was not applicable. The Tribunal agreed with this interpretation, noting that if the income disclosed is not represented by any assets or documents found during the search, it would not attract penalty under Section 271AAA but under Section 271(1)(c). The Tribunal also considered the assessee's argument that the manner of earning the undisclosed income was specified and substantiated during the search, and the taxes were paid accordingly. The Tribunal found that the Revenue did not ask the assessee to disclose the manner in which the income was earned during the search. Moreover, the Tribunal noted that if the explanation for a part of the surrendered amount was accepted, the same should apply to the entire amount. Conclusion: The Tribunal dismissed the Revenue's appeals, confirming the CIT(A)'s orders deleting the penalties. The Tribunal held that the assessee had complied with the conditions of Section 271AAA(2) and that the disclosed income did not fall under the definition of "undisclosed income" as per Section 271AAA. The Tribunal relied on various judicial precedents supporting the non-levy of penalty under similar circumstances.
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