|Question And Answer|
|Answered by:||Advocate Shashi Ashok Bekal|
|Tags:||declaration, rate of tax, Section 115BBE, survey|
|Date:||January 11, 2023|
Does 115BBE apply to amount declared during survey u/s 133A?
The nature of declaration and the facts of the case would have to be understood to understand the implications of 115BBE of the Income-tax Act, 1961.
In Bajaj Sons Ltd. v. (2021) 190 ITD 128/ 91 ITR 498 (Chd) (Trib.) The Tribunal held that surrender of income cannot be taxed at higher rate of tax. (AY.2017 18 ) In Anjani Infra v.DCIT ( 2021 ) BCAJ – October – P. 54 ( Surat )( Trib) In the course of survey the partner of the firm offered additional income. The assessee has debited expenditure in respect of professional fees paid to the professional. The Assessing Officer disallowed the expenditure which was affirmed by the CIT(A). On appeal the Tribunal held that the disallowance of professional fees was held to be not justified. ( dt. 26 -7 -2021 ) (AY. 2013 -14 )