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Section 271(1)(c) of the Income-tax Act, 1961 - Penalty - For concealment of income - Assessment year 2003-04 - In every case where surrender is made, inference of concealment of income cannot be drawn under section 58 of Evidence Act [In favour of assessee] In every case where surrender is made inference of concealment of income cannot be drawn under section 58 of Evidence Act. CASE REVIEW P. Govindaswamy v. CIT [2000] 244 ITR 510 (Mad.) distinguished. CASES REFERRED TO CIT v. Sidhartha Enterprises [2010] 322 ITR 80 (P&H), CIT v. Suresh Chandra Mittal [2001] 251 ITR 9(SC), P. Govindaswamy v. CIT [2000] 244 ITR 510 (Mad.), Union of India v. Dharamendra Textile Processors [2008] 306 ITR 277 (SC). Rajesh Katoch for the Appellant. JUDGMENT Adarsh Kumar Goel, J. - This appeal has been preferred by the Revenue under section 260A of the Income-tax Act, 1961 (for short, "the Act"), against the order of the Income-tax Appellate Tribunal, New Delhi, dated July 31, 2009, in I. T. A. No. 1868/Del/2007 for the assessment year 2003-04, claiming following substantial questions of law : "1.Whether on the facts and circumstances of the case and in law, the hon'ble Income-tax Appellate Tribunal was right in deleting the penalty imposed under section 271(1)(c) without appreciating that the act of disclosing the concealed income was not voluntary but consequent upon the survey operation under section 133A of the Income-tax Act, 1961, wherein several fallacies and discrepancies were detected and as a result thereof the assessee revised his income-tax return and surrendered the amount of Rs. 15,00,000 ? 2.Whether on the facts and circumstances of the case and in law, the hon'ble Income-tax Appellate Tribunal was right in deleting the penalty imposed under section 271(1)(c) without appreciating that the disclosure of concealed income was consequent upon the survey operation when during the course of survey operation itself, the assessee surrendered a sum of Rs. 15,00,000 for this assessment year thereby admitting to concealment of income ?" 2. The assessee is a coaching centre. During the course of survey, the assessee surrendered the additional income and also filed a revised…

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