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    <title>Appeal allowed: Revision under s.263 set aside; assessment upheld as business income; s.115BBE not mandatory</title>
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    <description>ITAT allowed the appeal, set aside the PCIT&#039;s revisionary order under s.263 and upheld the AO&#039;s assessment. The Tribunal held excess cash and stock revealed in survey were properly treated as business income after the assessee answered specific inquiries and the AO conducted an inquiry; invocation of s.115BBE was not mandatory. Because the AO took a plausible view, the requisite twin conditions for exercise of s.263-(i) that the assessment order is erroneous, and (ii) that it is prejudicial to Revenue-were not satisfied. Applying the principle that where two views are possible the one favourable to the assessee prevails, the PCIT&#039;s revision was quashed.</description>
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    <pubDate>Sat, 08 Nov 2025 08:30:03 +0530</pubDate>
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      <title>Appeal allowed: Revision under s.263 set aside; assessment upheld as business income; s.115BBE not mandatory</title>
      <link>https://www.taxtmi.com/highlights?id=93993</link>
      <description>ITAT allowed the appeal, set aside the PCIT&#039;s revisionary order under s.263 and upheld the AO&#039;s assessment. The Tribunal held excess cash and stock revealed in survey were properly treated as business income after the assessee answered specific inquiries and the AO conducted an inquiry; invocation of s.115BBE was not mandatory. Because the AO took a plausible view, the requisite twin conditions for exercise of s.263-(i) that the assessment order is erroneous, and (ii) that it is prejudicial to Revenue-were not satisfied. Applying the principle that where two views are possible the one favourable to the assessee prevails, the PCIT&#039;s revision was quashed.</description>
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      <pubDate>Sat, 08 Nov 2025 08:30:03 +0530</pubDate>
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