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Issues Involved:
1. Deletion of penalty levied under section 271(1)(c) of the Income-tax Act. 2. Voluntariness of income surrender by the assessee. 3. Applicability of Explanation 1 to section 271(1)(c). 4. Consistency in penalty imposition among similar cases. 5. Satisfaction recording by the Assessing Officer before initiating penalty proceedings. Detailed Analysis: 1. Deletion of Penalty Levied Under Section 271(1)(c) of the Income-tax Act: The department's appeal focused on the deletion of a penalty amounting to Rs. 4,30,950 levied by the Assessing Officer (AO) under section 271(1)(c). The AO doubted the assessee's claim of agricultural income, leading to the initiation of penalty proceedings. The AO relied on the decision in ITO v. Sat Pal Ved Parkash Kiryana Merchant and other judgments to justify the penalty. However, the CIT(A) deleted the penalty, reasoning that the assessee's surrender of income was voluntary and not under compulsion, a view supported by various case laws. 2. Voluntariness of Income Surrender by the Assessee: The assessee argued that the agricultural income was surrendered voluntarily before any inquiries were made by the Investigation Wing. The CIT(A) observed that the inquiries were initiated by the Investigation Wing in all related cases and concluded that the surrender was voluntary. The CIT(A) emphasized that no evidence was brought on record to prove that the surrendered income was not genuinely agricultural income. The department contended that the surrender was made under pressure, but the CIT(A) found no substantial evidence to support this claim. 3. Applicability of Explanation 1 to Section 271(1)(c): The AO applied Explanation 1 to section 271(1)(c), asserting that the assessee failed to provide a satisfactory explanation for the agricultural income. The CIT(A) disagreed, stating that the explanation was not applicable as the income was offered for tax voluntarily, and no deduction or exemption was claimed. The CIT(A) highlighted that the burden was on the AO to establish that the income was concealed, which was not done. 4. Consistency in Penalty Imposition Among Similar Cases: The CIT(A) noted that in similar cases, no penalties were levied, and the principle of equitable justice required similar treatment for the assessee. The AO's argument that the assessee's case was distinguishable was not accepted by the CIT(A), who pointed out that all cases involved similar facts and circumstances. 5. Satisfaction Recording by the Assessing Officer Before Initiating Penalty Proceedings: The assessee contended that the AO did not record satisfaction before initiating penalty proceedings. However, the AO's assessment order indicated satisfaction by discussing various shortcomings and flaws, leading to the initiation of penalty proceedings. The Tribunal found this contention without merit, confirming that satisfaction was recorded by the AO. Conclusion: The Tribunal upheld the CIT(A)'s decision to delete the penalty, agreeing that the surrender of income was voluntary and not under compulsion. The Tribunal found no concealment of income by the assessee and emphasized that the AO failed to substantiate the claim of concealed income. The Tribunal also dismissed the department's appeal and the assessee's cross-objections as infructuous. The findings applied mutatis mutandis to the related case of Shri Rakesh Kumar, leading to the dismissal of both the department's appeals and the assessee's cross-objections.
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