S. 271(1)(c), S. 22, 133A, Court (Jaipur)(Trib.), Penalty-Concealment-Survey-Surrender of income-No difference between returned income and assessed income-Penalty is not leviable-As regards non disclosure of rental income-Penalty is leviable. [S. 22, 133A]

Section :- S. 271(1)(c), S. 22, 133A

Court (Jaipur)(Trib.)

Penalty-Concealment-Survey-Surrender of income-No difference between returned income and assessed income-Penalty is not leviable-As regards non disclosure of rental income-Penalty is leviable. [S. 22, 133A]

Tribunal held that the income of Rs. 3 crores as surrendered during the survey was duly declared in the return. The applicability of Explanation 5A is exclusively in the case of search and seizure action under S. 132 and the deeming provision cannot be applied in the case of survey conducted under S. 133A. When there was no difference between the returned income and the assessed income so far as the amount of Rs. 3 crores it would not amount to concealment of particulars of income or furnishing of inaccurate particulars of income in the return. Therefore the penalty was deleted. However with regard to the penalty levied by the AO in respect of the addition of Rs. 10,565 on account of nondisclosure of the rental income since it was a clear case of concealment of particulars of his income, the penalty levied by the AO to the extent of the addition of Rs. 10,565 was upheld. (AY. 2016-17) Rajendra Shringi v. Dy.CIT (2020) 77 ITR 85 (Jaipur)(Trib.)