Applicability of Sec.115BBE

Assessee is partnership firm. DURING the course of Search  shortage in stock is found. Assssee has stated that though there is no reason for shortage,  as his maintaining stock record , however to avoid litigation partner agree that they will offer income on the value of shortage in stock in the return .  However AO is saying he is going to add entire amount of shortage and tax the same by resorting to sec. 115BBE at special rate. Is he is correct .

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