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TMI Blog2017 (10) TMI 1415X X X X Extracts X X X X X X X X Extracts X X X X ..... Chary, All these three appeals relating to AY 2009-10 are filed challenging the orders dated 19.05.2014 in the cases of three different assessees covered by the search operations carried out in Rajdarbar Group of cases on 31.07.2008. Facts are identical, as such we proceed to dispose of all these three appeals by way of a common order. 2. Briefly stated facts are that pursuant to the sea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of surrender that such surrender will not be visited with penalty. Further, according to the Ld. AR, the jewellery shown in the surrender was not the jewellery found during the search but as a matter of fact though there was no need of surrender of income, they disclosed the income only to buy peace. The assessee paid tax on the amount surrendered as such the penalty cannot be levied. Ld.AR fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cluded Rs. 15,00,000/- in the return of income, he cannot take a different plea. For these reasons, Ld. DR prays to dismiss the appeal. 5. Facts borne out of record are admitted. The search took place on 31.07.2008 and the assessee submitted letters dated 14.12.2010 offering Rs. 15,00,000/- to tax. Records does not speak that the authorities ever questioned the assessee as to how the surrendered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Circle, New Delhi [2013] 37 Taxmann.com 189 (ITAT, Delhi); Pramod Kumar Jain vs DCIT [2013] 33 Taxmann.com 651 (ITAT, Cuttack); ACIT, Central Circle vs Munish Kumar Goyal [2014] 45 Taxmann.com 563 (ITAT, Chandigarh); and ACIT vs A.N.Annamalaisamy (HUF) [2013] 38 Taxmann.com 440 (ITAT, Chennai) for the principle that where the assessee having surrender certain income in the course of search filed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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