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2019 (8) TMI 59 - HC - Income TaxPenalty u/s 271(1)(c) - assessee filed the return of income consequent to the survey u/s 133A and included income surrendered in survey - HELD THAT:- CIT(A) held that the survey team did not make further enquiries nor was it established that these represented any other income. It is not a case where it was found / established that the income disclosed was not full and true. Further, the department has not built a case where the explanation of the appellant has been proved to be false or not bona fide. Even the conditions or Explanation 1 of section 271(1)(c) are not applicable in such a case. The Tribunal took notice of the fact that in the case on hand, the amount disclosed during the survey was duly included in the original return of income filed after the date of survey. It took the view that there is no difference as such in the return of income and the income. In the peculiar facts of the present case, the Tribunal arrived at the conclusion that the case is not one of furnishing inaccurate particulars of income. Also in the case of Pr. CIT vs. Valibhai Khanbhai Mankad, Tax [2015 (9) TMI 849 - GUJARAT HIGH COURT] held that in the absence of any concealment of the particulars of income or furnishing of inaccurate particulars of income on the part of the assessee, no infirmity can be found in the impugned order passed by the Tribunal in confirming the order passed by the CIT(A) in deleting the penalty u/s 271(1)(c) We have reached to the conclusion that no error not to speak of any error of law could be said to have been committed by the Tribunal in passing the Impugned order. No interference is warranted in this appeal u/s 260-A - Decided in favour of assessee.
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