Income was withdrawn but not deposited back in the bank account

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Hello  Team, 

One of my relative Mother & Son  is doing business  from last 13 years.  They are regularly filing  ITR's  on the Mother's name.   How ever,  they used to withdraw  the money on each and every basis  with out keeping the balance in the bank account  as they wanted to start constructing house from a while which till date not happend. 

1. The Net profit  income  as regularly  Filed  and  shown  in ITR     but  withdrawn  and kept as cash 

2.  The staff salaries (her and her son)  income  also  they used with draw  as that is their monthly  survival income,   as  it  was never crossed  2 lakhs  per year,  they have not  filed any ITR  on   this amount   

3.  Sadly, The whole cash  in hand  component  was not  shown  in  the P&L , Ledger  statements  was shown very minimal i.e  10k 1o 12K every year. 

With this  currency  demonitization,  now  they are sitting  on  pile of cash around 20 - 25 lakhs  which  they have cumilated genuinely from  previous  years  but  never deposited in any bank account  (  Which is the sadest part)  

They  have proof  for  last  12 years  of  ITR   and  Bank with drawn  statements  as well as  P&L statements for all these years.  

Concluding   Ave  income generated  was about  35Lakhs  from the beginning  of the business  and  cash at hand  is about 22 lakhs as their  monthly expense of  typically  10k  - 11k  per month 

Can  they now deposit  this  22 lakhs(  15lakhs in ITR filed account + 7 laks  non ITR Filed account)  amount  on their  accounts ? I repeat The source of  income  is genuine but  never deposited back in bank( sadly)  

Please advice. 

 

 

 

 

 

Replies (4)

Any Advice on this ???

Justification not valid.

Cannot answer their question: "Who keeps such a big cash amount in cash?"

specifically, a businessman/woman!!

The genuine reason for putting the cash in hand  as explained  is  

1. they  believed traditional money keeping method ( very sadly)

2. Constructing a House.    

3. money lending outside

Can they deposit  the amount and  volunteer themself for paying tax? If so what would be the tax percentage.    or  what is the maximum  amount they can deposit in bank ?

Any workaround??

 

Sound justification required. Just arguing dosn't work there, but makes your appeal weak.

Better pay 30% tax and beg parden for any penalty, whenever asked.


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