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TMI Blog2019 (8) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... ssible facts has mistakenly relied upon his surrender letter believing that the tax authorities were also bound by the unilateral terms of the surrender made i.e. that on account of the surrender being made allegedly voluntarily on the condition that no penal consequences would be visited upon the assessee, the surrender having been made consequently bound the tax authorities also to honour the unilateral belief. As noted, this belief has no legal sanction and has to be discarded. However, the fact remains that the opportunity so provided has been misutilized by the assessee by making irrelevant arguments. Accordingly, in all fairness, it cannot be said that an effective and reasonable opportunity of being heard has not been availed of b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Alya, Sr.DR ORDER PER BENCH These four appeals of different assessees pertaining to 2013-14 and 2014-15 assessment years are being decided by a common order in view of the facts that the issues arising in the present appeals are identical wherein it was a common stand of the parties that the arguments advanced in ITA 27/CHD/2019 would cover identical issues in each of the appeals. 2. In the respective appeals, the assessees are challenging near identical orders of the CIT(A)-2 Jalandhar wherein by an order passed u/s 154, the earlier order passed by the CIT(A) was rectified. The said mistake in each of these appeals was pointed out by the AO and recording this fact in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed was assailed as it was contrary to the conditions of the surrender. 5. The ld. CIT-DR on the other hand, relying upon the impugned order submitted that the assessee has admittedly offered the additional income of ₹ 6.50 crores on account of various discrepancies noticed at the time of the search and these constitute undisclosed income . Referring to para 4.4 of the impugned order, it was submitted that the surrender was on account of business transactions etc. not recorded in the regular books of account. Inviting attention to para 4.5 of the order, it was submitted that the CIT(A) has recorded that, The appellant has further stated that this additional income was offered on the grounds that no penalty would be i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasonable opportunity of being heard which has been granted. 6. The ld. AR submitted that the assessee has been arguing that the surrender was conditional, consequently no penalty was attracted. 7. We have heard the rival submissions and perused the material available on record. On a perusal of the record it is evident that in the facts of the present case it is evident that the assessee has been heard, however, the assessee, it is seen has mistakenly relied upon the statements allegedly given at the time of surrender that the surrender is made on the understanding that no penalty would be visited upon him on account of the surrender made. It goes without saying that no such discretion or powers have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the course of a search under section 132, which has- (A) not been recorded on or before the date of search in the books of account or other documents maintained in the normal course relating to such previous year; or (B) Otherwise not been disclosed to the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner before the date of search; or (ii) any income of the specified previous year represented, either wholly or partly, by any entry in respect of an expense recorded in the books of account or other documents maintained in the normal course relating to the specified previous year which is found to be false and would not have been found to be so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly bound the tax authorities also to honour the unilateral belief. As noted, this belief has no legal sanction and has to be discarded. However, the fact remains that the opportunity so provided has been misutilized by the assessee by making irrelevant arguments. Accordingly, in all fairness, it cannot be said that an effective and reasonable opportunity of being heard has not been availed of by the assessee. 8. Accordingly, in view of the facts as set out hereinabove, we set aside the impugned orders. The parties were, accordingly, required to address as to which authority the remand be made as necessarily the statement recorded at the time of the search and the documents confronted and any other relevant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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