Samir Shantilal Mehta v. Asst. CIT (2025) 129 ITR 83 (Surat)(Trib.)

S.115BBE: Tax on specified income-Determination of tax in certain cases-Unexplained money-Search conducted prior to amendment-Enhanced tax rate of 60% not applicable. [S. 69A, 132]

Pursuant to a search conducted on 16-08-2016, the Assessing Officer taxed unexplained gold and jewellery under section 69A at the enhanced rate prescribed under section 115BBE as amended with effect from 01-04-2017. The Tribunal held that the amendment enhancing the rate of tax was prospective and could not be applied to a search conducted prior to its coming into force. Accordingly, the addition under section 115BBE at the higher rate was held to be unsustainable. (AY. 2017-18).

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