Bhagya Kalita, Guwahati vs. ACIT, Central Circle-1, Guwahati
In the result, both the appeals filed by the assessee are partly allowed for statistical purposes
ITA 257/GTY/2024[2021-22]Status: DisposedITAT Guwahati29 Sept 2025AY 2021-22
Bench: Shri Manomohan Das & Shri Rakesh Mishra
Section 132(1)Section 132(4)Section 139(1)Section 153ASection 250Section 271A
…lty, yet this discretionary power is not unfettered, unbridled and uncanalised. Discretion means sound discretion guided by law. It must be governed by rule, not by humour, it must not be arbitrary, vague and fanciful. [See: Som Raj v. State of Haryana (1990) 2 SCC 653]. 34. The expression 'Undisclosed Income' has been defined in Explanation (a) appended to Section 271AAA of the Act 1961. This Court is of the view that as Section 271AAA is a penalty provision, it has to be strictly construed. The fact that the assessee has surrendered some undisclosed income during the course of search or that the surrender is em…