Dear experts,
This query pertains to tax evasion.
A person claims to have spent huge amount of *unaccounted* money (in tune of over 70 lakhs) in marriage of his daughter. A tax evasion petition was filed against this person and a notice under Income Tax Act was issued. Upon asked to reveal his sources of such huge amount of money, he submits as follows: -
That he got 400 gms of gold from his father in law in year 1976.
That he got 200 gms of gold from his own parents in year 1982 during his marraige.
That he got 40 gms of gold from his sister in year 2005.
That he got another 40 gms of gold from his sister in law
That an amount of over 10 lakhs Cash was contributed by his neighbors and extended family (under 10000/- cash)
All of the above submissions have been made verbally and absolutely NO supporting evidence has been produced that such transactions ever happened.
that they submitted those articles gifted but there is no proof (bills, photographs .
From my knowledge, there are numerous such cases where the person making false submissions were penalized heavily by Income Tax Department.
My queries are: -
What are the tax implications of aforementioned transactions?
Can a person simply claim that he received a huge amount of money by his family, friends and neightbors without any supporting evidence?
Can you please quote relevant sections from the Income Tax Act to contend the decision of Income Tax Officer?
HELP.... please!
Kind Regards,
CC
Hello
An individual assesse have to pay capital gain tax on sale (transfer) of gold that was gifted or inherited by him
In such a case the entire amount of consideration is taxable as the cost of gifted or inherited gold is
taken as nil as per act
No tax is required to be paid at the time he acquired the gold from relatives ( as mentioned above)
person needs to show the proof of his holding of asset and if fails it is treated as unaccounted money and tax at rate of 60 % without allowing any benefit is levied plus cess and surcharge are also applicable
As in the case there are no supporting evidence, person needs to pay tax on unexplained credits
section to contend is section 68
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