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2018 (3) TMI 217 - ITAT PUNEPenalty u/s 271(1)(c) - non recording of satisfaction - addition income filed in response to notice issued under section 153A - Held that:- The assessee was not entitled to get the benefit of immunity under clause (b). Where voluntary disclosure was made by the assessee and where the statement was not extorted from him, then meaning of expression ‘voluntary’ was elaborated to hold the said expression ‘voluntary’ was in the context that the statement made by him was not extorted from him by applying force. Where penalty proceedings have been initiated on both the limbs of section 271(1)(c) of the Act and the Assessing Officer having failed to record satisfaction in respect of one of the limbs of section 271(1)(c) of the Act and the penalty having been levied for concealment or furnishing of inaccurate particulars of income i.e. without coming to a finding as to which limb has not been fulfilled by the assessee, then penalty order passed in the case suffers from infirmity. Accordingly, the same is cancelled. The Assessing Officer is directed to delete the penalty levied under section 271(1)(c) of the Act. - Decided in favour of assessee partly.
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