Held that at the time of search and seizure operation itself, the assessee had explained the source of the amount offered as income to be the profit derived from “commodity trade”, which was in the nature of business income. There was nothing on record to suggest that the assessee’s explanation had either been doubted or disputed at the time of the search and seizure operation or even during the assessment proceedings. A reading of section 115BBE of the Act makes it clear that the special rate of tax provided under the provision shall be applicable under two conditions. Firstly, where the total income includes any income referred to in section 68, 69, 69A, 69B, 69C or 69D and reflected in the return of income under section 139 of the Act. Secondly, if the income determined by the Assessing Officer includes any income referred to in section 68, 69, 69A, 69B, 69C or 69D, if such income is not covered under the first condition. Admittedly, the assessee had not offered the income under section 69A of the Act. Even, the Assessing Officer had not made any separate addition under section 69A of the Act and had merely recharacterised the nature of income offered by the assessee.. On the facts  the income offered by the assessee could not be treated as unexplained money, and the provisions of section 115BBE would not be applicable to the facts of the present  AY.2017-18)