Levy of penalty under section 158BFA (2) on undisclosed income returned for non-payment of tax thereon

RELEVANT PARAGRAPH

5. Provisions of section 158BFA(2), which is applicable in this case are as under:

“The Assessing Officer or the CIT(Appeals) in the course of any proceedings under this Chapter, may direct that a person shall pay by way of penalty a sum which shall not be less than the amount of tax leviable but which shall not exceed three times the amount of tax so leviable in respect of the undisclosed income determined by the Assessing Officer under clause (c) of section 158BC.

Provided that no order-imposing penalty shall be made in respect of a person if –

(i) such person has furnished a return under clause (a) of section 158BC;

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