Held that the  additional income declared voluntarily has been accepted by the Revenue.  No incriminating material was found during the course of search and the AO has  accepted the returned income without any additions.   Explanation  5A to S. 271(1)(c), penalty is to be levied if the assessee is found to be the owner of any money, bullion, jewellery or other valuable article or thing or there is some income based on the entry in the books of accounts/documents found during the course of search under S. 132 or requisition under s. 132A then only it shall be presumed that the assessee has concealed the particulars of income or furnished inaccurate particulars of income. On the facts there is allegation either by the AO or by the CIT(A). Levy of penalty is deleted. (AY.2009-10,  2010-11)