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2019 (1) TMI 1603 - AT - Income TaxPenalty u/s 271(1)(c) - survey action u/s.133A, and the assessee offered additional income therein - income so offered was duly declared in the return of income and the assessment was framed - HELD THAT:- It is not a case of furnishing inaccurate particulars of income, as in the Income Tax Return, particulars of income have been duly furnished and the surrendered amount of income was duly reflected in the Income Tax Return nor there is a tax sought to be evaded on the basis of return of income as the assessee has not evaded any tax on the return income. The Hon'ble Delhi High Court in the case of SAS Pharmaceuticals [2011 (4) TMI 888 - DELHI HIGH COURT] has considered the expression in the course of any proceedings under this Act appearing in section 271 of the Act and held that the said expression cannot have reference to the survey proceedings. It has also held that penalty proceedings would depend upon the return of income filed by the assessee. No reason to interfere with the order of ld.CIT(A) and we accordingly confirm the same. Accordingly, the grounds of appeal as raised by the Revenue are therefore dismissed. The finding in this case is mutatis mutandis apply to all the group of Nine Appeals mentioned in above table at page 1 & 2, accordingly all the grounds in respect of above Nine Appeals are dismissed.
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