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Cash deposit - 200% interest - special scenario

Tax queries 367 views 1 replies

A salaried person has an income of Seven lakhs(7,00,000/-) , actually pays the tax on time.

He now owns the cash of (5,00,000/-) by saving the amount in the chit funds for 25 months.The Chit money is matured last month and he has the cash in hand now.

If the person choses to deposit the money in the bank, please let us know the penalty would be calculated ?

Now my questions are

1, He is in 20% tax slab and now , the additional cash transaction 5,00,000 lakhs would attract a penalty of 200% with 20% slab.

(i.e)  5,00,000 *0.20  = 1,00,000/-   +              (2*1,00,000) =  2,00,000 

               Total Tax with penalty adds upto 3,00,000/-

2. He is in 20% tax slab now and the additional cash transaction would push him to 30% category.

               (i.e)  5,00,000 *0.30  = 1,50,000/-   +              (2*1,50,000) =  3,00,000 

               Total Tax with penalty adds upto 4,50,000/-         

3. The cash transaction money would be calcualted in a separate slab with only 10%.

             (i.e)  Net taxable income = 5,00,000 - 2,50,000  =2,50,000/-

                     10% tax                   = 25,000

                     200% penalty  on tax = (2,50,000*2) =  50,000

                     Total tax adds upto                         = 75,000/-

 

Please let us know, which  one is correct ?

 

                   

                    

Replies (1)

None of the above:

Section 115BBE of the Act read with Section 68 of the Act:: This means that when individual is unable to demonstrate / substantiate the source of such income (as regards the payer, etc.) and the Assessing Officer rejects the explanation, being not properly explained to his satisfaction, then such income, though already offered to tax by the taxpayer, would be taxable at flat rate of 30 per cent on gross basis. Also read  Penalty in case of misreported income will be @ 200% of the tax payable thereon [Section 270A(8)]; 
 

But in case the interpretation accepted by ITO, penalty can be reduce.


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