ACIT v. Mangaldeep (2022) 216 TTJ 102 / 211 DTR 7 (Surat)(Trib.)

S. 28(i) : Business income-Undisclosed sources-Unaccounted stock-Declared during survey-Assessable as business income and not u/s 69A as unexplained money-Remuneration and interest paid to Partners from said excess stock disclosed as business income allowable as deduction. [S. 69A, 40(b)(iv), 133A]

Assessee firm engaged in business of trading of cloth, declared the unaccounted stock as business Income, based on certain incriminating material found during Survey. Assessee Firm claimed partner remuneration and interest as expense against said additional income. A.O treated the said Income as income u/s. 69A. CIT(A) held that  the disclosed income cannot be sustained as income u/s 69A, and further allowed the deduction u/s. 40(b)(iv) of the act. On Appeal, the Tribunal held that since the assessee is only engaged in the business of trading of cloth, unaccounted stock found is related to its business, and hence assessable as Business Income. It was further held that there is no loss to revenue, as the income of partnership firm and also the interest and remuneration paid to partners is subject to maximum marginal rate of income tax @ 30%, and hence the declaration of unaccounted stock found during survey is assessable as business income.  (AY.2015-16)