Surcharge regarding

Qus- If 39 lakhs income under head income from business and profession and 1.25 Croce is under section 68. Is the surcharge leviable on income under business and profession?
Replies (5)
Quick Summary
This discussion clarifies whether a surcharge is applicable to 'income from business and profession' when a significant portion of total income (1.25 crore) is taxed under Section 68 at a higher rate. The consensus is that if the total income exceeds 1 crore, a surcharge is indeed leviable on the normal business income as well.

Section 68 of the Act provides inter alia that if any sum is found credited in the books of a taxpayer and he either does not offer any explanation about nature and source of such sum, or the explanation offered by him is not satisfactory in the opinion of Assessing Officer, then such sum can be taxed as his income.

Under such circumstances, the Assessing Officer may now be tempted to trigger the provisions of Section 115BBE of the Act read with Section 68 of the Act. This means that such income, though already offered to tax by the taxpayer, would be taxable at flat rate of 60 per cent on gross basis (i.e., without any deduction / allowance), (plus surcharge @ 25% on such tax and cess, as applicable). Thus effectively the rate comes to 77.25 per cent if such income is reflected in the return of income furnished u/s. 139.

Sir as per section 115BBE assessing officer levied 77.25% tax on 1.25 crore but I want to know that surcharge is leviable or not on normal income (39 lakhs) because total income is greater than 1 crore? pls guide me

Yes, as the total income is above 1 Cr.

Thank you sir

You are welcome.              

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