banner_ad

Urgent

Others 663 views 4 replies

Hi,

survey has been conducted on Partnership firm by department 3 years ago and consequently disclosed income of 80,00,000/-. the case is still pending for scrutiny. The A.O. wants to consider the disclosed income as Income from other sources rather than to consider it as Business Income. As far as, i concern, the same should be treated as business income as the disclosed income consisted of unaccounted stock, excess cash received and unaccounted furniture only. So, please, help me out, in which head it is proper to disclose the above disclosed income. its very urgent

Replies (4)

hello Mr Nirav ,

THE A.O IS RIGHT ANY INCOME UNDISCOLOSED WAS FOUND IN SEARCH WILL ALWAYS COME IN HEAD OF other sources AND REASONS BEHIND IT THAT IN OTHER SOURCES INCOME NO EXPENSE ARE ALLOWED TO BE CLAIMED SO NO BUSSINESS INCOME

there is no question of head of income in case of search & seizure provision given under section 158BA. a flat rate of tax i.e. 60% (add applicable surcharge etc) u/s 113 is applicable in case of such undisclosed income of assessee.

Agreed with Vijay,

Refer the link.

Sec 158BA

https://law.incometaxindia.gov.in/DIT/File_opener.aspx?page=ITAC&schT=&csId=6a543f55-e635-45e0-9deb-cf2d3d32f81d&rdb=sec&yr=75996b99-a798-4098-bca8-e66ee23fe426&sec=158&sch=&title=Taxmann - Direct Tax Laws

Sec 113 tax rates

https://law.incometaxindia.gov.in/DIT/HtmlFileProcess.aspx?FooterPath=D:\WebSites\DITTaxmann\Act2010\DirectTaxLaws\ITACT\HTMLFiles\2010&DFile=section113.htm&tar=top#

thanks its very useful


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured ARTICLESHIP 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details