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2018 (2) TMI 1778 - AT - Income TaxPenalty u/s. 271AAA - undisclosed income - Disclosure by key-person of the group for and on behalf of the appellant as sufficient compliance to immunity condition of 271AAA(2)(i)- Held that:- As CIT vs. Mukeshbhai Ramanlal Prajapati [2017 (7) TMI 966 - GUJARAT HIGH COURT] holds it is incumbent for an authorized officer to put the searched assessee to question about the manner of having derived the relevant undisclosed income. Their lordships are of the view that the burden then shifts on the concerned deponents to substantiate the said manner of having derived the undisclosed income in issue. We sought to know from learned Departmental Representative as to whether the authorized officer had raised “manner query” in the course of search statement or not. He fails to pinpoint any such question raised in search statement. Learned counsel refers to CIT(A)’s order(s) under challenge pages 4 onwards extracting the relevant search statement(s) followed by necessary correspondence with the DDIT-1. Mr. Soparkar’s case is that no such specific query on the relevant “manner issue” came to be raised from the authorized officer. We therefore conclude that the CIT(A) has rightly deleted all the impugned penalties after holding that all these assessees had duly complied with the relevant immunity conditions u/s.271AAA of the Act. The Revenue’s identical sole substantive grievance in all these appeals is therefore rejected. - Decided against revenue
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