Tribunal held that the once a specific definition of undisclosed income has been provided in section 271AAB , being a penal provision, the provision must be strictly construed and the Assessing Officer had to record a clear and specific finding to this effect and could not be solely guided by the surrender made by the assessee during the course of search. There was no finding in the penalty order to this effect that undisclosed income found and surrendered during the course of search fell under the definition of “undisclosed income” as defined in section 271AAB and in the absence thereof, on this ground itself, the penalty proceedings deserved to be set aside.  The levy of penalty is not mandatory and depends upon the specific facts and circumstances of each case. The surrender of the during the course of search may be the basis for the assessment but could not form the basis for levy of penalty which proceedings were separate and distinct proceedings in the absence of a specific finding as to how the amount qualify as an undisclosed income as so defined under section 271AAB . Hence, penalty levied thereon was liable to be set aside (AY.2008-09 to 2013-14)