2022 (11) TMI 943 - AT - Income Tax

Penalty u/s 271AAA - declaration of undisclosed income - voluntary or not - CIT(A) confirmed the levy of penalty - income was declared in the ITR post search but not u/s 132(4) - HELD THAT - CIT(A) in its order has observed that, the appellant made the disclosure only pursuant to action u/s 132 and there can be no scope for any element of voluntary action on part of the appellant in this scenario. There is no element of voluntary disclosure per se. However, it is also a fact that the appellant did declare, the income so disclosed, in its return of income. But, the appellant doesn't get the automated shade in form of sub-section 2 of section 271 AAA as the disclosure is not u/s 132 (4) nor is it conferred a shroud of voluntary action of disclosure. The assessee failed to support its claim and no material is placed before us to rebut the finding of learned CIT(Appeals). We, therefore, do not see any reason to interfere into the finding of learned CIT(Appeals) and the same is hereby affirmed. The grounds raised in this appeal are dismissed.

Summary

Issues:
1. Penalty under section 271AAA of the Income Tax Act, 1961.
2. Meaning of undisclosed income as defined in explanation under section 271AAA.
3. Fulfillment of conditions under sub-section 2 of section 271AAA for immunity from penalty.

Issue 1: Penalty under section 271AAA of the Income Tax Act, 1961:
The case involved a search operation under section 132 of the Income-tax Act, 1961, where the Assessing Officer initiated penalty proceedings under section 271AAA against the assessee for undisclosed income. The assessee argued that no evidence of undisclosed income was found during the search, and the additional income was voluntarily disclosed post-search. However, the tribunal observed that the disclosure was a consequence of the search, not voluntary, and the appellant failed to comply with the relevant provisions. The tribunal upheld the penalty imposed by the Assessing Officer, emphasizing the mandatory nature of the penalty provision under section 271AAA.

Issue 2: Meaning of undisclosed income as defined in explanation under section 271AAA:
The tribunal examined the definition of undisclosed income under section 271AAA, which includes income represented by money, bullion, jewelry, or other valuable items not recorded before the search or undisclosed to tax authorities. The appellant argued that no material evidence was found during the search, and the disclosure was made voluntarily. However, the tribunal held that the disclosure was a result of the search, not voluntary, and emphasized the strict requirements under section 271AAA for immunity from penalty. The tribunal affirmed the penalty imposed by the Assessing Officer based on the findings of non-compliance with the provisions.

Issue 3: Fulfillment of conditions under sub-section 2 of section 271AAA for immunity from penalty:
The appellant contended that they fulfilled the conditions of sub-section 2 of section 271AAA and were entitled to immunity from penalty. The appellant argued that since the disclosure was not made under section 132(4) of the Act, the penalty should not apply. However, the tribunal noted the absence of supporting material to challenge the findings of the learned CIT(Appeals). Consequently, the tribunal upheld the decision of the learned CIT(Appeals) and dismissed the grounds raised by the appellant, affirming the penalty under section 271AAA.

In conclusion, the tribunal dismissed the appeal of the assessee, upholding the penalty imposed under section 271AAA of the Income Tax Act, 1961, based on the findings of non-compliance and lack of voluntary disclosure of undisclosed income. The tribunal emphasized the mandatory nature of the penalty provision and the strict requirements for immunity under section 271AAA.