A survey under section 133A revealed excess stock of Rs. 1,00,10,915, which the assessee surrendered as business income in its return, but the AO treated it as “income from other sources” under section 69B read with section 115BBE, which was upheld by the CIT(A). On appeal, the Tribunal held that since no books of account or documents were impounded during the survey, with no reasons recorded as required under section 133A(3)(ia), and the assessee’s returned income was not less than the preceding year’s nor had it retracted its survey disclosure, none of the conditions under CBDT Instruction No. 4 of 2018 for manual scrutiny selection were satisfied, rendering the assessment order null and void ab initio; it further held that since there was no material to show that the excess stock arose from any source independent of the assessee’s business of trading in designer sarees, being its sole source of income, and the Department had not shown the excess stock to be unconnected with the business, the deeming provisions under section 69B could not be invoked, and the excess stock was to be taxed as normal business income under section 28. (AY 2017-18)