TMI Blog2012 (12) TMI 1096X X X X Extracts X X X X X X X X Extracts X X X X ..... hd/2012 & C.O. No. 179/Ahd/2012 - - - Dated:- 14-12-2012 - SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER By Revenue: Shri Y. P. Verma, Sr.D.R. Assessee Ms. Urvashi Shodhan, A.R. ORDER PER : T.R.Meena, Accountant Member This is an appeal at the behest of the Revenue and C.O. of the assessee which has emanated from the order of CIT(A)-I, Ahmedabad, order A . Y. 0 9- 1 0 Page 2 dated 11.06.2012 for assessment year 2009-2010 against the deletion of penalty of ₹ 9,50,000/- u/s. 271AAA of the IT Act. As the matter is heard together and issue as well as year of dispute is same. Therefore we pass common order for both. 2. The ld. A.O. observed that during the year under consideration, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such income has been derived, also substantiates the manner in which the undisclosed income has derived and pays the tax, together with interest, in respect of undisclosed income. As per A.O., in the present case, none of the above conditions for non-applicability of provisions of Section 271 AAA (1) of the Act are satisfied. The lump sum disclosure made by Shri Vijay Kumar Gupta on behalf of all family members does not amount to admission of disclosure in the case of assessee. He also considered the case law cited by the appellant before the him. Finally, he imposed penalty at 10% of undisclosed income accordingly at ₹ 9,85,000/-. 3. Being aggrieved by the penalty order of the A.O., the assessee carried the matter before the CIT(A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The DCIT, Cent. Cir-3 vs. Smt. Sulochanadevi A. Agarwal in ITA No. 1052/Ahd/2012 for A.Y. 2009-10, wherein the facts of the case are identical and Hon'ble 'A' Bench has deleted the penalty in this case. Therefore, she prayed to confirm the order of CIT(A). 5. We have perused the orders of the authorities below and heard the rival contentions and gone through the Co-ordinate 'A' Bench decision in case of Smt. Sulochanadevi A. Agarwal (supra), wherein the Co-ordinate 'A' Bench held as under: 7. We have heard the submissions of the revenue and carefully perused the materials on record. The learned CIT(A) had deleted the penalty due to the following reasons: (1) The assessee had voluntarily disclosed the su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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