Section 115BBE cannot be applied without fixing addition under charging provisions

Pradeep Tyagi HUF Vs ITO (ITAT Delhi)

ITAT Delhi held that applicability of section 115BBE of the Income Tax Act without initially fixing the addition under any of the charging provisions i.e. section 68, 69, 69A, 69B, 69C and 69D of the Income Tax Act is not tenable in the eye of law. Accordingly, appeal allowed.

Facts- Assessee has preferred the present appeal. The only issue arising in this case is regarding addition of Rs. 1,00,00,000/- made by the AO as income earned from unexplained sources, chargeable to tax under section 115BBE of the Income Tax Act.

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