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    <title>2018 (5) TMI 1646 - ITAT JODHPUR</title>
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    <description>Whether income surrendered during survey was taxable as business income or deemed income u/s 69 attracting s.115BBE was the dominant issue. Relying on HC precedent holding that excess stock and excess cash arising from sale of traded goods are assessable under the head &quot;profits and gains of business or profession&quot;, the ITAT held that additions for surrender relating to excess stock and excess cash could not be brought to tax u/s 69 and consequently could not be subjected to s.115BBE; those additions were directed to be treated as business income. For surrender based on incriminating documents, the ITAT found absence of findings on their nexus with business transactions; the matter was remanded to the AO for fresh determination.</description>
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    <pubDate>Fri, 25 May 2018 00:00:00 +0530</pubDate>
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      <title>2018 (5) TMI 1646 - ITAT JODHPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=361082</link>
      <description>Whether income surrendered during survey was taxable as business income or deemed income u/s 69 attracting s.115BBE was the dominant issue. Relying on HC precedent holding that excess stock and excess cash arising from sale of traded goods are assessable under the head &quot;profits and gains of business or profession&quot;, the ITAT held that additions for surrender relating to excess stock and excess cash could not be brought to tax u/s 69 and consequently could not be subjected to s.115BBE; those additions were directed to be treated as business income. For surrender based on incriminating documents, the ITAT found absence of findings on their nexus with business transactions; the matter was remanded to the AO for fresh determination.</description>
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      <pubDate>Fri, 25 May 2018 00:00:00 +0530</pubDate>
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