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2015 (3) TMI 680 - AT - Income TaxPenalty u/s 271AAA - search operation u/s 132 - whether the manner in which the undisclosed income derived was specified and substantiated by the assessee to avoid the application of penal provision u/s 271AAA of the Act? - Held that:- In view of facts of the present case where from it is evident that during the course of search proceedings the authorized officer of the department had not raised any specific query regarding the manner in which the undisclosed income has been derived and on the contrary the assessee has tried to explain the earning of the undisclosed income in question in its reply during the course of recording of his statement u/s 132(4) of the Act and thereafter. We thus respectfully following the ratio of above cited decisions of CIT vs. Radha Kishan Goel (2005 (4) TMI 47 - ALLAHABAD High Court ) and CIT vs Mahendra C. Shah (2008 (2) TMI 32 - GUJARAT HIGH COURT) to hold that in absence of query raised by the authorized officer during the course of recording of statement u/s 132 (4) about the manner in which the undisclosed income has been derived and about its substantiation, the AO was not justified in imposing penalty u/s 271AAA of the Act specially when the offered undisclosed income has been accepted and due tax thereon has been paid by the assessee. We thus while setting aside orders of the authorities below in this regard direct the AO to delete the penalty of ₹ 12,50,00,000/- levied u/s 271AAA of the Act. - Decided in favour of assessee.
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