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2022 (1) TMI 1199 - AT - Income TaxPenalty u/s. 271(1)(c) - assessee stated to have been admitted additional income in survey conducted u/s. 133A - CIT-A deleted the addition - HELD THAT:- As relying on S.S.M. AHMED HUSSAIN [2017 (8) TMI 929 - MADRAS HIGH COURT], VIPUL LIFE SCIENCES LTD. MUMBAI [2015 (2) TMI 941 - ITAT MUMBAI] and VASAVI SHELTERS [2013 (4) TMI 485 - ITAT BANGALORE] when assessment is completed on the basis of income declared which is inclusive of additional income declared in the course of survey without making any addition thereon, the penalty u/s. 271(1)(c) of the Act for concealment of income is not warranted. The ld. DR did not dispute that the AO completed assessment on the basis of return of income which is inclusive of the additional income said to have been offered to tax during the course of survey u/s. 133A of the Act. Therefore, we do not find any infirmity in the order of CIT(A) and it is justified. - Decided against revenue.
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