Veer Enterprises. v. DCIT (2024) 206 ITD 289/114 ITR 566 (Chd) (Trib.)

S. 28(i) : Business income-Survey-Surrendered excess stock, cash and receivables-Offered as business income-Surrendered income cannot be asssseed under deeming provisions of section. 699A, 69B, 115BBE.[S. 69A, 69B 115BBE, 133A]

During course of survey under section 133A, assessee surrendered excess stock, cash and receivables, stating that same was to be taxed as business income. Assessing Officer treated said surrendered amount as unexplained investment under sections 69A and 69B and charged same to tax as per provisions of section 115BBE. CIT(A) affirmed the addition. On appeal the Tribunal held that  since during survey proceedings, assesse was confronted not only with discrepancies found but also with nature and source thereof and it had emerged that source of income of assessee was from its business operations, income surrendered by assessee during survey could not be brought to tax under deeming provisions of section 69A and 69B and same had been rightly offered to tax by assessee under head of business income.  Accordingly deeming provisions cannot be applied to tax under section 115BBE of the Act.  (AY. 2015-16, 2016-17, &2019-20)