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Income Tax - Highlights / Catch Notes

Home Highlights September 2024 Year 2024 This

Excess stock found during survey in assessee's business premises ...


Tax on Surrendered Income from Excess Stock to be at Regular Rates, Section 115BBE Not Applicable.

September 17, 2024

Case Laws     Income Tax     AT

Excess stock found during survey in assessee's business premises led to surrendered income. Assessing Officer accepted return figures but applied higher tax rate u/s 115BBE, citing lack of stock register maintenance. Following precedents, it was held that surrendered income from excess stock during survey cannot be taxed u/s 69 deeming provisions. It should be assessed as business income at normal rates. Section 115BBE is inapplicable. Assessee's appeal allowed, and income to be charged at regular tax rates.

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