Ltcg

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Hai,

The Assessee had deposited cash in Bank Account and gave a declaration that, it is undisclosed Cash amount received from Buyer of the immovable Property in addition to amount disclosed in Sale deed and should be assessed to Tax as Long Term Capital Gain taxed at 20%. The Assessing Officer issued 133 notice to the buyer for confirmation of cash transactions, the buyer refused that he has not paid any sale consideration in cash. The Assessing Officer has proposed to tax the cash receipt u/s 68 under the head " Income from other source", tax it @ 30%. The Assessee's had only Long Term Capital Gain as Income, no other income under any other head, Wish to challenge I.T.O proposal, are there any case laws on this issue.

Thanks in advance...

Replies (2)
Interesting query.... but I have a doubt when the it is the purchase of the immovable property by the buyer then why is it declared the undisclosed income?

Section 68 starts with words  " where any sum is found credited in the books of an assessee  maintained ...." 

Hence,  you may defend on this words that section 68 is not apply in the case of personal assets of assessee and your also offering unxplained cash receipt as sale consideration hence capital gain tax would apply .

and one more thing  source of purchase is also justified hence no question of  section 69 for unxplained investment.

 

 

 

 

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