2025 (6) TMI 1301 - AT - Income Tax

Voluntary disclosure of unaccounted debtors as business income prevents Section 115BBE higher tax rates

The Tribunal allowed the appeal concerning unaccounted debtors of Rs. 96,19,000/- discovered during survey proceedings. The assessee had voluntarily ... Unaccounted/unexplained debtors offered by assessee, during survey proceedings - income from business activity OR income from other sources - HELD THAT:- We find merit in the contention raised by the Ld. AR for the appellant that once the assessee offered a sum said to have been discovered in the survey proceedings, and paid tax at normal rate, while depicting the said income in the ITR under head “regular income from business activity”, the AO was not justified in treating the said income as income from other sources, and not as income from business. Assessee appeal allowed. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this appeal are:(a) Whether the addition of Rs. 96,19,000/- on account of unaccounted/unexplained debtors, discovered during survey proceedings and offered by the assessee as business income, can be taxed under the provisions of Section 115BBE of the Income Tax Act, or should it be treated as regular business income and taxed accordingly.(b) Whether the Assessing Officer was justified in upholding the addition of unaccounted debtors despite the assessee having offered the same amount in its Income Tax Return (ITR) under the head 'Business Income' and having paid tax at normal rates.(c) Ancillary to the above, the correctness of the CIT(A)'s order partly allowing the appeal in respect of excess cash offered during survey but dismissing the appeal concerning unaccounted debtors.2. ISSUE-WISE DETAILED ANALYSISIssue (a) and (b): Taxability of Unaccounted Debtors and Applicability of Section 115BBERelevant legal framework and precedents: The legal framework revolves around the provisions of the Income Tax Act, specifically Section 115BBE, which mandates a special tax rate on income found undisclosed and unexplained during survey or search operations, typically attracting a higher tax rate than normal business income. The question is whether the income from unaccounted debtors falls within the ambit of this section or should be treated as regular business income.The Tribunal referred to the decision in Satyaveer Singh v. CIT(A), where the Hon'ble High Court held that if the department does not produce incriminating material to disprove the character of such income as business income, the income should be treated as regular business income and taxed accordingly.Court's interpretation and reasoning: The Court observed that the assessee had voluntarily offered the sum of Rs. 96,16,000/- as business income during the survey proceedings and reflected the same under the head 'Business Income' in the ITR. The assessee also paid tax on this amount at the normal rate. The department, however, proceeded to charge tax under Section 115BBE, which applies a special higher rate on undisclosed income.The Court noted that the department failed to place any incriminating material on record to establish that the amount was not business income or that it should be treated as income from other sources. The department did not seek any explanation from the assessee to justify the application of Section 115BBE. The Court emphasized that the absence of material to disprove the nature of income as business income was fatal to the department's case.Key evidence and findings: The primary evidence was the diary found during the survey indicating cash loans given to debtors amounting to Rs. 96,16,000/-, and the admission by the partner of the firm that these debtors were not recorded in the books of accounts. The assessee's voluntary offer of this amount as business income and payment of tax at normal rates was also a critical fact.Application of law to facts: The Court applied the principle that income voluntarily offered and taxed as business income cannot be recharacterized as income from other sources to attract Section 115BBE unless the department produces contrary evidence. Since the department failed to do so, the addition under Section 115BBE was not sustainable.Treatment of competing arguments: The department argued for the applicability of Section 115BBE based on the unaccounted nature of the debtors, contending that the amount was undisclosed income deserving special tax treatment. The assessee argued that the amount was offered as business income and taxed accordingly, and hence Section 115BBE should not apply. The Court sided with the assessee, finding no material to justify the department's stance.Conclusions: The Court concluded that the addition of Rs. 96,16,000/- as unexplained debtors should be treated as business income and not subjected to tax under Section 115BBE. The department's action in charging tax under Section 115BBE was unjustified.Issue (c): Treatment of Excess Cash Offered During SurveyRelevant legal framework and precedents: Excess cash found during survey is generally treated as undisclosed income. However, if the assessee voluntarily offers the amount as business income and pays tax at normal rates, the department's claim for higher tax under Section 115BBE is subject to scrutiny.Court's interpretation and reasoning: The CIT(A) partly allowed the appeal concerning the excess cash of Rs. 8,81,310/- offered by the assessee as business income. The Tribunal did not disturb this finding, implicitly accepting the CIT(A)'s reasoning that the amount was rightly treated as business income and not subjected to Section 115BBE.Key evidence and findings: The assessee's offer of the excess cash as business income in the ITR and payment of tax at normal rates was pivotal.Application of law to facts: The Court applied the principle that voluntary disclosure and payment of tax at normal rates on excess cash preclude the department from invoking Section 115BBE.Treatment of competing arguments: The department maintained its stand to tax under Section 115BBE, but the CIT(A) and the Tribunal found no justification for this.Conclusions: The appeal was partly allowed in respect of excess cash, consistent with the principle that voluntary disclosure and payment of tax at normal rates negate the applicability of Section 115BBE.3. SIGNIFICANT HOLDINGS'It is not a case of the department that the Assessing Officer was having any incriminating material against the assessee so as to establish that the said amount of Rs. 96,16,000/- formed part of 'income from other sources', and not the 'income from business activity'. Had it been so, the department would have been justified in seeking explanation of the assessee by putting the same to him, so as to charge tax as per section 115BBE of the Act. But, the fact remains that department has not placed on record any material to suggest that the said amount was not income from business or that it was income from other sources.''Once the assessee offered a sum of Rs. 96,16,000/-, said to have been discovered in the survey proceedings, and paid tax at normal rate, while depicting the said income in the ITR under head 'regular income from business activity', the Assessing Officer was not justified in treating the said income as income from other sources, and not as income from business.'Core principles established include:Voluntary offer of income as business income and payment of tax at normal rates precludes the department from taxing the same under Section 115BBE unless contrary material is produced.The department must produce incriminating evidence to justify recharacterization of income from business to other sources to attract special tax provisions.Survey findings alone, without corroborative evidence, cannot lead to invocation of Section 115BBE if the income is offered and taxed as business income.Final determinations:The addition of Rs. 96,19,000/- on account of unaccounted/unexplained debtors was set aside.The appeal was allowed on this ground, overturning the CIT(A)'s dismissal of the appeal on this addition.The partial allowance of appeal regarding excess cash was maintained.