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The ITAT upheld the CIT(A)'s decision to set aside the penalty imposed under Section 43 of the Black Money Act for failure to disclose foreign assets. Despite the appellant's argument that quantum assessment proceedings differ from penalty proceedings, the Tribunal agreed with the CIT(A) that a revised return replaces the original ITR. The ITAT confirmed that when the assessee disclosed foreign assets through a revised return (albeit after search action), this disclosure was sufficient to justify setting aside the penalty for AY 2017-18. The Tribunal noted that while the CIT(A) should have first addressed whether disclosure in Schedule FA was required, the decision to cancel the penalty was ultimately correct. Appeal decided against revenue.
The ITAT upheld the CIT(A)'s decision to set aside the penalty imposed under Section 43 of the Black Money Act for failure to disclose foreign assets. Despite the appellant's argument that quantum assessment proceedings differ from penalty proceedings, the Tribunal agreed with the CIT(A) that a revised return replaces the original ITR. The ITAT confirmed that when the assessee disclosed foreign assets through a revised return (albeit after search action), this disclosure was sufficient to justify setting aside the penalty for AY 2017-18. The Tribunal noted that while the CIT(A) should have first addressed whether disclosure in Schedule FA was required, the decision to cancel the penalty was ultimately correct. Appeal decided against revenue.
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