CIT(IT) v. Ashutosh Bhatt (2022) 287 Taxman 436/217 DTR 381/ 329 CTR 541 (Bom.)(HC)

S. 271(1)(c) : Penalty-Concealment-Offshore bank accounts-Voluntary declaration-Levy of penalty is not valid. [S. 143(3), 147, 148]

Assessing Officer levied  concealment penalty of 200 per cent of tax sought to be levied on amount declared subsequent to filing of original return of income.  On appeal, Commissioner (Appeals) deleted entire penalty levied by Assessing Officer. On further appeal, Tribunal came to a finding of fact that revenue had no information of any undisclosed income in hands of assessee except declarations made by assessee. Tribunal also held that  at no stage it was case of revenue that funds that were lying in bank accounts held by two entities JWL and SF with HSBC Bank, Zurich could have been brought to tax in India. Tribunal affirmed the order of CIT(A). High Court affirmed the order of Tribunal. Referred  Mak Data (P) Ltd. v. CIT (2013) 358 ITR 593 (SC). (AY. 2007-08)