VIKAS CHANDRA MITTAL,AGRA vs. ACIT CIRCLE 2(3)(1), JHANSI

ITA 319/AGR/2026Status: DisposedITAT Agra24 June 2026AY 2017-184 pages
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What did the Tribunal hold?

The Tribunal held that the enhanced tax rate of 60% under Section 115BBE is applicable only from Assessment Year 2018-19 onwards. Therefore, for the Assessment Year 2017-18, the tax should be levied at the normal rate of 30%.

What were the facts?

During a survey, the assessee surrendered Rs. 20,00,000/- from professional receipts invested in building construction. The Assessing Officer taxed this amount at 60% under Section 115BBE, while the assessee had paid tax at the normal rate of 30%.

What were the issues?

Whether the enhanced tax rate under Section 115BBE of the Income Tax Act, 1961, is applicable to the Assessment Year 2017-18 for income surrendered during a survey.

Which sections of the Income-tax Act were involved?

Section 115BBE,Section 133A,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA(SMC

Before: SUNIL KUMAR SINGHBRAJESH KUMAR SINGH

For Appellant: Shri Deepak Maheshwari, Adv
For Respondent: Shri Anil Kumar, Sr (DR)
Hearing: 23.06.2026Pronounced: 24.06.2026

PER:SUNIL KUMAR SINGH, JUDICIAL MEMBER

This appeal is directed against the impugned order dated 12.02.2026 passed in appeal No CIT(A)-IV/KNP/10764/2019-20 by the ld. Commissioner of Income Tax, Kanpur (hereinafter referred to as the “CIT(A) u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) for the A.Y. 2017-18, wherein ld CIT(A) has dismissed assessee’s appeal.

2.

Briefly stating that during the survey action conducted u/s 133A of the Act at the business premises of the appellant assessee on 31.08.2016, the appellant assessee surrendered Rs. 20,00,000/- out of professional receipts said to have been invested in building construction. The assessi

The order continues below.

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