9911796707
TMI Blog2021 (10) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... into question by the Revenue. Assessee has replied to the queries raised while recording the statement as called for. The Revenue does not appear to have quizzed the assessee for satisfying the manner in which the purported undisclosed income has been derived. The income considered as undisclosed income under s. 132(4) of the Act was duly incorporated in the return filed pursuant to search. Therefore, the Revenue, in our view, now cannot plead deficiency on the part of the assessee to specify the manner which has not been called into quest ion at the time of search or even at the stage of the assessment. AO or CIT(A) has not pointed out any query which remained unreplied or evaded in the course of search or post search investigation. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee. 3. The assessee preferred appeal against the imposition of penalty, but, however, could not find any relief. The action of the AO was confirmed by the CIT(A) as under: 2.3 From the above facts, I find that the appellant will not get a benefit of Sub clause -2 to Sec. 271 AAA since as per clause (ii) of Sub-section (2) the appellant is required to substantiate the manner in which undisclosed income was derived. Appellant has never explained it. It takes the plea that neither at the stage of recording of statement of the assessee nor at the stage of assessment proceedings, the assessee was asked either by authorized officer or by Assessing Officer to substantiate the manner in which unaccounted income was derived. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r asked any quest ion to specify the manner nor towards substantiation of the undisclosed income so offered. In the circumstances, the burden was never shifted upon the assessee. The learned counsel further submit ted that even in the course of the assessment proceedings, the AO never required the assessee to comply with the conditions of Section 271AAA(2) of the Act and to provide the manner for deriving undisclosed income and to substantiate it. Similar is the position in the course of the penalty proceedings as well. No question was posed to the assessee even in the course of the penalty proceedings. He thus submitted that the so called undisclosed income as per the statement under s.132(4) of the Act included in the return of income and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which such income has been derived. The sub-clause (2) casts another obligation on the part of the assessee to substantiate the manner in which undisclosed income was derived. The primary onus is on the Revenue to raise appropriate questions towards manner of deriving undisclosed income and substantiation thereof. On being put to notice, the onus shifts upon the assessee to satisfy such requirement contemplated in law for availing the benefit of exemption. 8. In the background facts narrated on behalf of the assessee, the factual position discernable from the record, it is manifest that the assessee has not failed to specify the manner of deriving undisclosed income perse in the absence of any question directed towards the assessee/depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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