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2021 (6) TMI 255 - ITAT PUNEPenalty levied u/s.271(1)(c) - assessee disclosed unaccounted income during the survey action u/s.133A conducted on the assessee - CIT-A deleted the addition - As per revenue unaccounted income was never part of books of accounts of the assessee and had there been no survey action on the assessee, the income of would have escaped assessment - income declared in the return filed after the date of survey, cannot be considered as “voluntary" - HELD THAT:- Taking guidance from the decisions of the Hon’ble Supreme Court in the case of Reliance Petroproducts [2010 (3) TMI 80 - SUPREME COURT] as well as the decision of the Hon’ble Delhi High Court SAS PHARMACEUTICALS [2011 (4) TMI 888 - DELHI HIGH COURT] andSMT. ANITA KUMARAN [2017 (3) TMI 390 - MADRAS HIGH COURT] it is clearly evident that any concealment of income or furnishing of inaccurate particulars of income has to be determined from the return of income filed by the assessee. Further proceedings u/s.271(1)(c) of the Act, is a separate proceedings than from the assessment proceedings and the omission or error i.e. concealment of income or furnishing of inaccurate particulars of income should come out specifically from the return of income filed by the assessee before the Department. There is no scope for any guess work or surmises or any hypothetical situation for imposing penalty u/s.271(1)(c) of the Act. It is an undisputed fact that the amount was disclosed in the return of income by the assessee and it was accepted by the Department. Taking the totality of facts and circumstances, we are of the considered view that in this case of the assessee, it is not a fit case for imposing penalty u/s.271(1)(c) - the findings of the Ld. CIT(Appeals) does not call for any interference and relief provided to the assessee is hereby sustained. Appeal of the Revenue is dismissed.
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