2025 (3) TMI 210 - AT - Income Tax

Addition u/s 69B r.w.s. 115BBE - assessee surrendered the additional stock so found during the course of survey - AO observed that the assessee has treated the surrendered income as business income in the Profit Loss Account and the assessee has not given any explanation about the source of making the investments in purchase of excess stock HELD THAT - In the instant case as well it is an admitted fact that the surrender on account of excess stock is of regular stock in which the assessee deals in and thus related to the business being carried on by the assessee. Further the stock so found is not physically distinguishable and there is as such no physical distinction between accounted stock and unaccounted stock and no such physical distinction was found by the Revenue either. We therefore find that the difference in stock so found out by the authority has no independent identity and is in terms of value terms only as evident from the surrender letter which infact has formed the basis of findings of the AO and thus part and parcel of entire sock therefore it cannot be said that assessee has an undisclosed asset which existed independently and thus what is not declared to the Department is receipt from the business operation and not any investment as it cannot be correlated with any specific asset and difference thus be treated as business income. The amount representing the excess stock found during the course of survey cannot be brought to tax under the deeming provisions of Section 69B of the Act and the same has to be assessed to tax under the head business income and in absence of any deeming provision the question of application of Section 115BBE does not arise and normal tax rate shall apply which has been applied by the assessee while filing the return of income. Appeal of the assessee is allowed.

2023 (3) TMI 306 - AT

1. ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment include:

Whether the amount of Rs. 50,00,000/- surrendered by the assessee during a survey should be taxed as business income or as deemed income under Section 69B of the Income Tax Act, 1961.
Whether the application of Section 115BBE, which prescribes a higher tax rate for income deemed under certain sections, is justified in this case.
The validity of the Assessing Officer's (AO) decision to treat the surrendered amount as unexplained investment under Section 69B, despite the assessee's claim that it was business income.
The treatment of the surrendered income in light of previous judicial precedents and whether it aligns with the principles established in similar cases.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Classification of Surrendered Income

Relevant legal framework and precedents: The primary legal provisions involved are Section 69B and Section 115BBE of the Income Tax Act, 1961. Section 69B deals with unexplained investments, while Section 115BBE prescribes a higher tax rate for income deemed under certain sections, including Section 69B.
Court's interpretation and reasoning: The Tribunal analyzed whether the surrendered income should be considered as business income or as unexplained investment under Section 69B. The Tribunal referred to various precedents, including the case of M/s A P Knit Fab Vs. The DCIT, where it was held that excess stock found during a survey, if related to the business, should be treated as business income.
Key evidence and findings: The Tribunal noted that the excess stock was part of the regular stock in which the assessee dealt, and there was no physical distinction between accounted and unaccounted stock. The Tribunal found that the excess stock had no independent identity and was part of the entire stock.
Application of law to facts: The Tribunal applied the legal principles from previous cases, concluding that the excess stock should be treated as business income, not as unexplained investment under Section 69B.
Treatment of competing arguments: The Tribunal considered the Revenue's argument that the excess stock should be treated as unexplained investment but found it unsubstantiated due to the lack of evidence showing the stock's independent existence outside the business operations.
Conclusions: The Tribunal concluded that the surrendered income should be assessed as business income, and the deeming provisions of Section 69B were not applicable.

Issue 2: Application of Section 115BBE

Relevant legal framework and precedents: Section 115BBE prescribes a higher tax rate for income deemed under certain sections, including Section 69B. The Tribunal examined whether this section was applicable given the classification of the surrendered income.
Court's interpretation and reasoning: The Tribunal held that since the surrendered income was to be assessed as business income, the provisions of Section 115BBE did not apply. The Tribunal emphasized that the higher tax rate under Section 115BBE is only applicable if the income is deemed under sections like 69B.
Key evidence and findings: The Tribunal found no evidence to support the application of Section 115BBE, as the income was not deemed under Section 69B.
Application of law to facts: The Tribunal applied the principle that Section 115BBE's higher tax rate is contingent upon the income being deemed under specific sections, which was not the case here.
Treatment of competing arguments: The Tribunal rejected the Revenue's argument for applying Section 115BBE, as the income was classified as business income.
Conclusions: The Tribunal concluded that the normal tax rate should apply to the surrendered income, as Section 115BBE was not applicable.

3. SIGNIFICANT HOLDINGS

Preserve verbatim quotes of crucial legal reasoning: "The excess stock found during the course of survey, being the regular stock in which assessee deals in and thus related to the business being carried on by the assessee, cannot be brought to tax under the deeming provisions of Section 69B of the Act and the same has to be assessed to tax under the head 'business income'. In absence of deeming provisions, the question of application of section 115BBE doesn't arise and normal tax rate shall apply."
Core principles established: The Tribunal reaffirmed the principle that excess stock found during a survey, if part of the regular business operations, should be treated as business income rather than unexplained investment. The Tribunal also clarified that Section 115BBE's higher tax rate is not applicable unless the income is deemed under specific sections like 69B.
Final determinations on each issue: The Tribunal set aside the order of the CIT(A) and directed the AO to assess the surrendered income as business income, applying the normal tax rate, and not under Section 69B or 115BBE.

← Previous Next →