Summary
- The Income Tax Appellate Tribunal, Jodhpur, has allowed an appeal against the application of the special tax rate under section 115BBE on ā¹6,25,000 surrendered during a survey.
- The Tribunal ruled that section 115BBE applies only when income falls under sections 68 to 69D, which was not established in this case.
- The Assessing Officer had failed to identify any specific deeming provision or make an addition to the assessed income.
- This decision underscores the necessity for clear statutory foundations before applying special tax rates on surrendered income.
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