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2019 (5) TMI 738 - AT - Income TaxPenalty levied u/s 271AAA - cash surrendered during search conducted on the assessee u/s 132 - HELD THAT - As SHRI. ASHOK JINDAL, SHRI. AMIT JINDAL VERSUS THE D.C.I.T., CENTRAL CIRCLE-1, CHANDIGARH. 2018 (10) TMI 1673 - ITAT CHANDIGARH admittedly, no portion of the surrender had been assessed separately under any other head. Therefore in the case of Sanjeev Goyal 2015 (11) TMI 1618 - ITAT CHANDIGARH applied to the entire surrender made, and the CIT(A), we hold had wrongly segregated the surrender made on account of cash by stating that the same was assessable u/s 69A when the fact was that it had not been so assessed. In fact on going through the order of the ITAT in the case of Sanjeev Goyal (supra) we find that it has been held in the said case that the disclosure of income u/s 132(4) during search having been made and the assessee having surrendered the same and included the same in the returns filed which have been accepted by the Revenue, no penalty u/s 271AAA is leviable for not specifying the manner of earning the income surrendered. All the aforesaid conditions admittedly stood fulfilled in the case of surrender made on account of documents found and capital introduced in the firm, as per the CIT(A). The cash was also part of the same surrender and no distinction has been brought out of the same with the rest of the surrender made. We therefore hold that there was no basis for upholding the levy of penalty on the cash surrendered and the same is therefore directed to be deleted. The appeal filed by the assessee is, therefore, allowed. - Decided in favour of assessee.
Issues Involved:
1. Levy of penalty under Section 271AAA of the Income Tax Act, 1961. 2. Substantiation of the manner in which undisclosed income was earned. 3. Classification of surrendered income as deemed income under Section 69A or business income. Issue-wise Detailed Analysis: 1. Levy of Penalty under Section 271AAA: The primary issue in this appeal was the levy of penalty under Section 271AAA of the Income Tax Act, 1961, on cash surrendered during a search conducted under Section 132 of the Act. The assessee had surrendered an additional income of ?38,87,500, which included cash, documents, capital introduced in firms, and jewelry. The Revenue accepted this surrender but levied a penalty under Section 271AAA, arguing that the assessee failed to substantiate the manner in which the undisclosed income was earned. 2. Substantiation of the Manner of Earning Undisclosed Income: The CIT(A) upheld the penalty for the cash and jewelry portions of the surrendered amount, citing that the assessee did not specify and substantiate the manner of earning this income. The CIT(A) referenced the ITAT Chandigarh Bench's decision in DCIT Vs. Shri Sanjeev Goyal, which held that if the assessee disclosed income during a statement under Section 132(4), paid taxes, and showed the income in the return, no penalty under Section 271AAA was leviable. However, the CIT(A) distinguished the cash and jewelry portions, stating they were assessable as deemed income under Section 69A and not as business income, thereby justifying the penalty. 3. Classification of Surrendered Income: The CIT(A) relied on the jurisdictional High Court's decision in Kim Pharma Pvt. Ltd. Vs. CIT, which held that unexplained cash found during a search is assessable as deemed income under Section 69A and not as business income. The CIT(A) concluded that the assessee did not provide an explanation for the source of the cash and jewelry, thus upholding the penalty. However, the ITAT Chandigarh Bench, in the cases of Shri Ashok Jindal Vs. DCIT & Others and Shri Amit Jindal Vs. DCIT, found that the entire surrendered amount, including cash, was accepted and assessed to tax by the Revenue without being separately classified under Section 69A. The Tribunal held that the assessee had fulfilled all conditions for immunity from penalty under Section 271AAA, as the income was disclosed during the search, included in the return, and taxes were paid. Judgment: The Tribunal noted that the CIT(A) had wrongly segregated the cash portion of the surrender and upheld the penalty without basis. The Tribunal deleted the penalty, stating that no distinction was made between the cash and other surrendered amounts, and all conditions for immunity under Section 271AAA were met. Consequently, the appeal filed by the assessee was allowed, and the penalty was deleted. Conclusion: The Tribunal concluded that the assessee had complied with all necessary conditions for immunity from penalty under Section 271AAA, and there was no basis for the CIT(A) to uphold the penalty on the cash and jewelry portions of the surrendered income. The appeal was allowed, and the penalty was deleted.
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