GEMA RAM CHOUDHARY,JALORE vs. ACIT, CIRCLE, BARMER

ITA 810/JODH/2024Status: DisposedITAT Jodhpur12 June 2026AY 2017-189 pages
AI SummaryAllowed

What were the facts?

During a survey under Section 133A, the assessee surrendered an income of Rs. 21,02,805/- as business income, which was earned from cash sales and accounted for in a notebook. The assessee included this surrendered amount in their return as business income.

What did the Tribunal hold?

The Tribunal held that the income surrendered during the survey was business income and could not be taxed under Section 69A/69B read with Section 115BBE. The assessee had rightly offered this additional income under the head 'business income'.

What were the issues?

Whether income surrendered as business income during a survey can be taxed under Section 115BBE read with Section 69, or if it should be taxed as normal business income.

Which sections of the Income-tax Act were involved?

Section 133A,Section 115BBE,Section 69,Section 69A,Section 69B,Section 28(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

For Appellant: Shri SVS Khatri, CA (Physical)
For Respondent: Shri Arvind Kumar Gehlot, DR (Virtual)

DR. MITHA LAL MEENA, A.M.: This appeal is filed by assessee against the order of Commissioner of Income Tax, Jaipur-4 [hereinafter referred to as the CIT(A)] dated 23.08.2024 with respect to the assessment years 2017-18, challenging therein chargeability of income disclosed/surrendered as business income during the course of survey under Section 133A of the Act under Section 115BBE read with Section 69 rather assessing under Section 28(1)

2 of the Act, thereby, charging tax at the rate of 60%+Surcharge@25% and Cess @3%.

2.

Briefly the facts of the case are that the assessee e-filed his return of income on 09.03.2018 for the assessment year 2017-18 declaring a total income at Rs. 35,30,880/-. The case was selected for scrutiny

The order continues below.

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