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The assessee offered additional income under the head 'Income from other sources' during the course of survey proceedings. The Assessing Officer treated it as income from unexplained sources u/s 68 read with Section 115BBE. However, the assessee explained that the amounts were income from land business received in cash, over and above the regular income. The source of income was clearly explained as arising from business activities. The Tribunal held that where the assessee surrenders undisclosed income during search/survey action, it is not necessary to charge tax at the higher rate u/s 115BBE. Since the Assessing Officer did not point out any unexplained credits in the books of account, Sections 68, 69, 69A-69D were not attracted on the surrendered amount. Consequently, Section 115BBE was also not applicable. Relying on precedents, the Tribunal allowed the assessee's appeal.
The assessee offered additional income under the head 'Income from other sources' during the course of survey proceedings. The Assessing Officer treated it as income from unexplained sources u/s 68 read with Section 115BBE. However, the assessee explained that the amounts were income from land business received in cash, over and above the regular income. The source of income was clearly explained as arising from business activities. The Tribunal held that where the assessee surrenders undisclosed income during search/survey action, it is not necessary to charge tax at the higher rate u/s 115BBE. Since the Assessing Officer did not point out any unexplained credits in the books of account, Sections 68, 69, 69A-69D were not attracted on the surrendered amount. Consequently, Section 115BBE was also not applicable. Relying on precedents, the Tribunal allowed the assessee's appeal.
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