Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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Excess cash and stock found during survey proceedings were treated as income from undisclosed sources, liable for taxation u/s 115BBE. The Assessing Officer (AO) ordered taxation but failed to compute tax per Section 115BBE, rendering the order prejudicial to revenue interests. Regarding excess stock, the assessee's justification was rejected, and the unexplained portion was added to income. However, the AO consciously did not apply Section 115BBE, taking a plausible view that the income emerged from business. The Tribunal considered the AO's order prejudicial for not charging tax u/s 115BBE on the disclosed income but found no issue with the treatment of excess stock income as business income, as the AO applied their mind. The assessee's ground was partly allowed.
Excess cash and stock found during survey proceedings were treated as income from undisclosed sources, liable for taxation u/s 115BBE. The Assessing Officer (AO) ordered taxation but failed to compute tax per Section 115BBE, rendering the order prejudicial to revenue interests. Regarding excess stock, the assessee's justification was rejected, and the unexplained portion was added to income. However, the AO consciously did not apply Section 115BBE, taking a plausible view that the income emerged from business. The Tribunal considered the AO's order prejudicial for not charging tax u/s 115BBE on the disclosed income but found no issue with the treatment of excess stock income as business income, as the AO applied their mind. The assessee's ground was partly allowed.
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