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Excess Stock in Survey = Business Income, Not 115BBE Hit – ITAT Pune Draws Clear Line
Case Law Details
- Case Name
- ITO Vs Deepak Baburao Vispute (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2020-21
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ITO Vs Deepak Baburao Vispute (ITAT Pune)
Excess Stock in Survey = Business Income, Not 115BBE Hit – ITAT Pune Draws Clear Line
Pune ITAT held that excess stock found during survey u/s 133A, when linked to regular business, must be taxed as business income and not as unexplained investment u/s 69B r.w.s. 115BBE.
During survey, excess stock of ₹4.42 crore (gold/silver/diamond) was detected and admitted by the assessee. The AO treated it as unexplained investment and taxed it under section 115BBE, alleging lack of proper source explanation. However, the assessee had already recorded the same...





