2012 (1) TMI 282 - AT - Income Tax

Summary

Issues involved: Levy of penalty u/s.271(1)(c) for undisclosed income detected during a search u/s.132 of the Income Tax Act.

Summary:
The appeal was filed against the order of the Ld. CIT (A)-III, Ahmedabad regarding the levy of penalty u/s.271(1)(c) amounting to &8377;78,7250. The case involved a search u/s.132 in the Soham Group cases, where the assessee declared additional income of &8377;2,50,000 in a partnership firm during the assessment year 2003-04. The AO levied the penalty based on the undisclosed income detected during the search, which was confirmed by the CIT (A) citing relevant judgments. However, the ITAT Ahmedabad, after considering the provisions of section 153A and the law laid down by the Apex Court in the case of Reliance Petroproducts (P) Ltd., concluded that the penalty u/s.271(1)(c) cannot be levied as there was no finding of inaccurate particulars or concealment in the return filed by the assessee in response to notice u/s.153A. Therefore, the penalty of &8377;78,750 was canceled, and the appeal of the assessee was allowed.

This judgment highlights the importance of accurate disclosure in the return filed in response to a search notice u/s.153A and emphasizes that mere unsustainable claims in the return do not amount to inaccurate particulars. It also clarifies that the penalty u/s.271(1)(c) cannot be levied if there is no finding of inaccurate particulars or concealment in the return filed in response to a search notice u/s.153A.