2011 (2) TMI 1421 - AT - Income Tax

Summary

Issues Involved: Appeal against penalty imposed under s. 271(1)(c) of the Income Tax Act based on additional income declared after survey u/s 133A.

Summary:
1. The appeal was filed by the Revenue against the CIT(A)'s order regarding penalty imposition after a survey u/s 133A.
2. The assessee initially declared total income of Rs. 2,50,290, but after survey, it was determined as Rs. 12,66,010, with additional income of Rs. 14,00,000 surrendered during survey. The AO observed trading addition was in concealment nature. Penalty imposed under s. 271(1)(c) was challenged.
3. CIT(A) deleted the penalty considering submissions and case laws. Revenue appealed to the Tribunal.
4. Departmental Representative argued additional income disclosure not voluntary, supported penalty imposition.
5. Assessee's counsel argued disclosure made for peace, no false explanation found, supported CIT(A)'s order.
6. CIT(A) found trading addition was estimated, no material to show concealment, penalty deleted. Tribunal upheld CIT(A)'s decision.
7. Assessee's explanation not found false, penalty not sustainable on estimation basis, no interference needed in CIT(A)'s order.
8. Revenue's appeal dismissed, penalty cancellation upheld.
9. Order pronounced on 09-02-2011.