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2023 (2) TMI 960 - AT - Income TaxRectification u/s 154 - Addition u/s 68/69 - unexplained cash deposit - apply section 115BBE of the Act for tax calculation of at specific rate of tax instead of slab rate of tax as per normal provision of the Act - HELD THAT:- On going through the order passed u/s. 143(3) r.w.s. 147 we are of the considered view that the ld. AO has not invoked any under which provision he has added a sum of Rs. 2 lac. In the absence of any specific finding the ld. AO cannot charge the said income within the provision of section 115BBE as specific rate of tax for this addition therefore, action of charging the specific tax u/s.115BBE in the proceeding u/s. 154 of the Act is not correct considering the peculiar fact of the case on hand. See case of ACIT vs. Shri Sudesh Kumar Gupta [2020 (6) TMI 463 - ITAT JAIPUR] Thus there is no finding in the assessment order that the income added is under which provision of the act and therefore, charging the specific tax rate u/s. 115BBE is not in accordance with the provision of law and the same is quashed. In terms of these observation the appeal of the assessee is allowed.
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