Where the assessee had offered certain income in the return and paid tax thereon, penalty under section 271(1)(c) or 271AAA could not be levied even if the particulars of such income are not given as there is no tax which is sought to be evaded.

Where no incriminating material is found in the course of the search, no addition can be made and no penalty can be levied. (AY. 2008-09 to 2012-13)