Topic

survey proceedings

3 articlesLatest July 2026
Section 115BBE Income Tax Act | Enhanced Tax Rate Applies Prospectively from AY 2018-19 Onwards : ITAT Delhi
Case Law Analysis
|Income Tax Appellate Tribunal

Section 115BBE Income Tax Act | Enhanced Tax Rate Applies Prospectively from AY 2018-19 Onwards : ITAT Delhi

ITAT Delhi holds that the enhanced tax rate under Section 115BBE of the Income Tax Act applies only from Assessment Year 2018-19 onwards, directing normal tax rates for surrendered income in AY 2017-18. The ruling clarifies the prospective applicability of the provision, impacting tax assessments for undisclosed income surrendered during survey proceedings.

Section 69A & 115BBE | Surplus Stock Declared as Business Income During Survey Cannot Be Taxed as Unexplained Investment : ITAT Dehradun
Case Law Analysis
|Income Tax Appellate Tribunal

Section 69A & 115BBE | Surplus Stock Declared as Business Income During Survey Cannot Be Taxed as Unexplained Investment : ITAT Dehradun

The ITAT Dehradun has ruled that when a business voluntarily discloses excess stock as part of its declared business income during a survey under Section 133A, it cannot be later reclassified as unexplained investment under Section 69A and taxed at the punitive rate of 60% under Section 115BBE. This protects legitimate traders from arbitrary reclassification and reinforces that disclosure in good faith during survey proceedings must be treated as business income, not hidden wealth.