Jewel India Jewellers v. Dy. CIT (2024)111 ITR 42 (SN)(Kol)(Trib)

S. 68 : Cash credits-Surrender of income-Business income-Survey-No sum credited in books-Cannot be assessed as income from undisclosed source. [S.115BBE, 132,133A]

Held that apart from business of manufacture of jewellery, the assessee did not have any other line of business or source of income. Therefore to treat the unexplained income as derived from a source other than the business activity of the assessee would be assessing the income on surmises and conjectures when the assessee had made a disclosure with reference to the seized documents as other undisclosed income in the profit and loss account. Therefore the provisions of section 68 read with section 115BBE of the Act were wrongly invoked. Section 68 of the Act can be invoked only where any sum is found credited in the books of account maintained by the assessee in the previous year and the assessee offers no explanation about the source and nature thereof. In the assessee’s case there was no sum credited in the books but an income disclosed during the course of search with reference to incriminating material was shown with respect to which the provisions of section 68 could not be invoked. Addition is deleted. (AY.2017-18)