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TMI Blog2023 (7) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... sional receipts and the same was offered to tax. Even the excess cash found can be telescoped against the unrecorded receipts. Therefore, it cannot be said that the source for the excess cash was not explained, as the source is clearly explained to be regular business professional receipts. Income can be brought to tax under the head business income not under the head other sources . The rat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ected against the order of ld. Commissioner of Income Tax (Appeals)-12, Pune [ the CIT(A) ] dated 14.12.2022 for the assessment year 2019-20. 2. Briefly, the facts of the case are that the appellant is an individual engaged in the business of medical profession under the name and style of M/s. Mugale Hospital . The appellant had filed the Return of Income for the assessment year 2019-20 on 31. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 3. Being aggrieved, the appellant is in appeal before us in the present appeal. 4. We heard the rival submissions and perused the material on record. The undisputed position is that the appellant had shown the income offered during the course of survey operation in the return of income. In answer to question no.10, the appellant clearly stated that he is willing to offer a sum of Rs. 57,45 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Punjab Haryana High Court in the case of Kim Pharma Pvt. Ltd. vs. CIT, 216 Taxman 153 (P H) have no application to the facts of the present case. Therefore, we direct the Assessing Officer not to tax the excess cash found under the provisions of section 115BBE of the Act. Thus, the grounds of appeal filed by the assessee stand allowed. 5. In the result, the appeal filed by the assessee stan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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