PCIT v. Sun Corporation (2019)419 ITR 414 (Guj.)(HC)

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Statement u/s. 132(4)-Partner specifying the manner in which the disclosed income was earned–Entitle to claim immunity. [S. 132(4)]

Dismissing the appeal of the revenue the Court held that, during  the process of recording a statement of the assessee under S.  132(4). In reply to a query to a partner of the assessee-firm to elaborate on the details of the undisclosed income and how it was earned by him and the group, the partner had stated that the undisclosed income of Rs. 35 crores declared by him and his group was earned out of a land-related transaction which was not recorded in the books of account. He had further stated that the break-up of such income person-wise and firm-wise would be submitted after opening the bank locker and that such disclosure was made with the consent of the family members and all the partners. The answer of the partner thus, in addition to confirming the disclosure of the undisclosed income, further stated that the income was earned by the group out of a land-related transaction which was not previously recorded in the books. This was thus specifically in compliance with the requirement of establishing the manner in which the income was earned. Although at that stage, he could not give the breakup of such income person-wise or firm-wise citing the reason of sealing of the bank locker that would not be of much relevance. The answer was in sufficient compliance with the requirement of the disclosing the manner of earning the income.