𝐈𝐧𝐜𝐨𝐦𝐞 𝐨𝐟𝐟𝐞𝐫𝐞𝐝 𝐭𝐨 𝐭𝐚𝐱 𝐬𝐮𝐫𝐫𝐞𝐧𝐝𝐞𝐫𝐞𝐝 𝐝𝐮𝐫𝐢𝐧𝐠 𝐭𝐡𝐞 𝐬𝐞𝐚𝐫𝐜𝐡 & 𝐬𝐞𝐢𝐳𝐮𝐫𝐞 𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧 𝐛𝐲 𝐞𝐱𝐩𝐥𝐚𝐢𝐧𝐢𝐧𝐠 𝐭𝐡𝐞 𝐬𝐨𝐮𝐫𝐜𝐞 𝐨𝐟 𝐢𝐧𝐜𝐨𝐦𝐞 𝐜𝐚𝐧𝐧𝐨𝐭 𝐛𝐞 𝐬𝐮𝐛𝐣𝐞𝐜𝐭 𝐭𝐨 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐫𝐚𝐭�� 𝐨𝐟 𝐭𝐚𝐱 𝐮𝐧𝐝𝐞𝐫 𝐬𝐞𝐜𝐭𝐢𝐨𝐧 115𝐁𝐁𝐄 𝐨𝐟 𝐭𝐡𝐞 𝐈𝐧𝐜𝐨𝐦𝐞-𝐭𝐚𝐱 𝐀𝐜𝐭
In the case of DCIT, Ghaziabad v/s Tapesh Tyagi [ITA No. 1344 / Del / 2021], Delhi Tribunal held that income surrendered during search & seizure and offered to tax by explaining the source of income by the assessee cannot be subject to special rate of tax under section 115BBE of the Income-tax Act in respect of unexplained money [section 69A].
Further, such income is taxed under normal rate of tax. Therefore, dismissed the appeal filed by the Tax Authorities.
Further, the lower authorities had also not doubted or disputed the source of income at the time of search & seizure operation or even during the assessment proceedings and the assessing officer has not made any separate addition under Section 69A of the Act. He has merely re-characterized the nature of income offered by the assessee.
The case details is as under:
[ITA No. 1344 / Del / 2021]