The assessee an individual carrying on trading activity . The assessee filed return under section 44AD of the income tax Act  . The Assessing Office made an addition in respect of opening capital under section 68 of the Act, towards unexplained sundry creditors .On appeal CIT (A) affirmed the order of the Assessing Officer . On appeal the Tribunal deleted the addition and also held that section 115BBE comes in to operation only in case of income referred in sections 68/69/69A/ 69B/ 69C/ and 69D of the Act, which is not applicable on the issues raised , hence provision of section  115BBE can not be applied .   (ITA No. 176 / jodh /2019 dt . 24 -3 -2023 )( AY. 2015 -16 )