Learner
4016 Points
Joined December 2009
With due respect to Bhavik Sir, I would like to draw his attention to the following -
Source need not be legal - There is nothing to indicate that the source must be one which is recognised under the law for if that were so, then the income derived from illegal business could not be liable to tax - CIT v. Smt. Shanti Meattle /Addl. CIT v. Ram Kripal Tripathi
Illegal income - Primary function of Income-tax Act is to bring income of various kinds into tax net and tax authorities are not concerned about manner or means of acquiring income. Income might have been earned illegally or by resorting to unlawful means, but illegality tainted with earning has no bearing on its taxability and income earned by an offender still would be an income liable for assessment. Thus, income earned by assessee from income-tax refunds collected by him illegally by producing bogus TDS certificates would be assessed under Act - CIT v. K. Thangamani [2009] 177 Taxman 499/309 ITR 15 (Mad.).
Further as far as deduction of expenses is concerned - I would like to quote the famous case of Piara Singh, where Honble SC held that confiscation of smuggled article is subject to deduction as business expenditure.
The bottom line is the principles of computation of income are indifferent to the legalilty of any transaction/business. {Expenses incurred in relation to earn illegal income will be allowed to be deducted unless specifically prohibited}