Ajay Kumar Sood Engineers & Contractors v. Dy.CIT (2024) 232 TTJ 90 /242 DTR 216 / 38 NYPTTJ 859 (Chd)(Trib)

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Undisclosed income-Surrender of additional income during search-No specific discrepancy-Penalty is deleted.[S. 132, 132(4)]

Held that the  undisclosed income surrendered and admitted during the course of search has to fall within the four corners of the definition of the undisclosed income and only in a situation where it satisfies the said definition, the levy of penalty is justified and not otherwise. It is for the AO to record a specific finding that undisclosed income as so defined has been found based on tangible verifiable material found during the course of search and the onus is thus on the AO to satisfy the conditions before the charge for levy of penalty is fastened on the assessee. Penalty is deleted.  (AY. 2011-12)

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