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Judgment
Revenue has preferred this appeal against the order made by the Tribunal, Delhi Bench "F", New Delhi, in ITA No. 4343/Del/1993 for asst. yr. 1986-87 which has confirmed the order made by the CIT(A). The Tribunal on appreciation of provisions and evidence confirmed the order made by the CIT(A). The assessed had made clear that the surrender u/s 132(4) in respect of the amount was being made with a view to buy peace and subject to condition that no penal provision would be invoked against the assessed. Looking to the circumstances of the case, CIT(A) held that the assessed was entitled to immunity from the imposition of penalty read with Explns. 1 and 5 to Section 271 of the IT Act, 1961. The CIT(A) has examined the matter in detail and has reproduced the question put to the assessed and thereafter pointed out as under:
"In this case also I find that the assessed has made disclosure without any specific detection of concealed income and it is a well-settled law that if disclosure is made before detection of concealment, it may not attract penalty u/s 271(1)(c) of the IT Act."
Considering these aspects, the Tribunal has confirmed the order made by the appellate authority. Therefore, in our opinion, no question of law arises in this matter. Hence, the appeal is dismissed.
On behalf of the Revenue, it is repeatedly stated that in view of the order made by the AO, it was not open for the CIT(A) or the Tribunal to decide the matter against the Revenue. We find no merits.