A search and seizure was carried out in case of  Suyojit Group of Nashik  on 17 -09 2010 . In course of which certain incriminating documents pertaining to assessee were seized  .The assessee filed the return before issue of notice u/s 153C of the Act .  For two assessment years the assesee filed the return of income after receipt of notice u/s 153C of the Act . The AO completed assessment under S. 153C wherein no addition was made over and above declared income . He, however, passed a penalty order under section 271(1)(c)  of the Act .  Tribunal held that since there was no addition to returned income of assessee, penalty could not have been imposed . On appeal  High Court upheld  the order  of the Tribunal Tribunal’s order.  (AY. 2006 -07 ,  2008 , -09 to 2010 -11)