Section 271(1)(c) of Income tax Act, 1961— Penalty u/s 271(1)(c)— The issue in the present case is with respect to levy of penalty u/s 271(1)(c) of the Act. It is an undisputed fact that in the present case during the survey, assessee had admitted to disclose additional income of Rs. 19,10,720/- on account of bogus purchases.

The perusal of statement recorded during the course of survey also reveals that it was stated that assessee firm had made actual purchases from the market for which it had received the bills from the parties and had also made payments through account payee cheques but since assessee was unable to prove the genuineness of the purchases to the extent required by the Revenue, and in order to avoid litigation and buy peace of mind, the income was offered by the assessee.

Held that— It is a fact that the income declared during the course of survey was included in the return of income filed by the assessee in response to notice u/s 148 of the Act. Thereafter in the assessment order passed u/s 143(3) r.w.s. 147 of the Act the AO had accepted the return of income filed by the assessee and no addition was made therein. In such a situation, we relying on the decision of Pune Bench of the Tribunal in ITA Nos.1241 to 1246/PUN/2016 (supra) and for similar reasons are of the view that there is no question of levying penalty on account of concealment on the assessee. Hence, we direct to delete the penalty levied by the AO and which was confirmed by Ld.CIT(A). Thus, the grounds of assessee are allowed. [M/S. SAFE LIFTERS VERSUS THE DY. COMMISSIONER OF INCOME TAX, CIRCLE – 4, PUNE.][2019] 16 ITCD Online (16) [ITAT PUNE]