During course of search proceedings the  assessee surrendered certain additional income. AO added said amount to assessee’s taxable income and also levied the penalty . CIT(A) confirmed the penalty . On appeal the Tribunal  the assessee contended that surrender was made on understanding that no penalty would be visited upon him.  Accordingly no discretion was vested upon revenue authorities for imposition of penalty and, thus, any such belief entertained by assessee had no legal sanction . Tribunal held that  in view of fact that an effective opportunity of being heard had not been exercised by assessee on account of misconception entertained and mistaken belief, impugned penalty order was to be set aside and, matter was to be remanded back for disposal afresh. (AY.2013-14 , 2014-15)