Penalty can be levied only if there is concealment of income or inaccurate particulars of income have been furnished.  The onus is on the Assessing officer during penalty proceedings to prove that the assessee has either concealed its income or furnished inaccurate particulars of income.  If the assessee has made an incorrect claim in the return that would not mean that the assessee has concealed income or furnished inaccurate particulars of income.  If surrender is voluntary then penalty proceedings cannot be initiated against the assessee. (AY.  2013-2014)