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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)
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...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,639

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