ITAT dismissed the Revenue's appeal and upheld the CIT(A)'s...

ITAT dismissed the Revenue's appeal and upheld the CIT(A)'s treatment of surrendered survey income as business income taxable at normal rates rather than under special rates. The tribunal held that where the AO had earlier accepted, in the assessment for AY 2017-18, that additional amounts declared during survey were business receipts chargeable at normal rates, the Revenue could not reclassify identical surrender in the subsequent year under section 69B read with section 115BBE absent a change in material facts. The ITAT found no infirmity in deletion of tax computed at special rates for excess stock and expenditure, and affirmed the deletion of additions made under sections 69B/69C r.w.s.115BBE.

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