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2016 (3) TMI 448 - AT - Income TaxPenalty u/s 271(1)(c ) - income offered by the assessee in the revised return by treating it as unexplained - Held that:- The entirety of the facts reveals the facts narrated above reveals that the assessee’s entire defense qua penalty is to the effect that he filed the revised return voluntarily. The statement of the assessee is to be examined in the back drop of the facts, human conduct and preponderance of probabilities; not on mere assessee's assertion. It is not disputed that search in the case of B.C. Purohit Group (Tax Consultant) having office at Jaipur and Kolkata was undertaken on 12-04-2005. The news of the massive search operations on this Group engaged in network of black money operators must have spread like a wildfire in the hawala circles. In reply filed by the assessee, the knowledge about search on B.C. Purohit Group (Tax Consultant) had not been denied. In these circumstances, it cannot be assumed that assessee became Saint by sheer dawn of wisdom and filed revised return voluntarily. I find merit in the arguments of the ld. DR that revised return as contemplated by Section 139(5) of the Act is to correct any omission or wrong statement in the computation of income and not to correct tax evasion. These provisions did not give any immunity from any bogus transactions declared in the original return. The interpretation given by the assessee to the claim of revised return is not tenable and not in accordance with law. The Hon’ble Apex Court in the case of Union of India and Others vs. Dharmendra Textiles Processors and Others (2008 (9) TMI 52 - SUPREME COURT ) has clearly held that penalty is a civil liability and there is no onus on the Department to prove mensrea on the part of the assessee. The facts of the case as examined in the case of Sumati Dayal vs CIT (1995 (3) TMI 3 - SUPREME Court) i.e. after taking into consideration the human conduct and preponderance of probability clearly indicate that the assessee became a willing party to nefarious black money racket for obtaining bogus gifts. Such acts cannot be taken lightly as they lead to scourge of black money in the country. Thus in view of the foregoing, the penalty order of the ld. CIT(A) is confirmed. - Decided against assessee
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