| Question And Answer | |
|---|---|
| Subject: | AO considered my fresh capital introduction as income escaped |
| Category: | Income-Tax |
| Querist: | Ronak Shishodia |
| Answered by: | Law Intern |
| Tags: | undisclosed income |
| Date: | March 22, 2026 |
AO has sent my client a demand notice considering the capital as income escaped from assessment. Actually client had taken loans from friend and relatives in his saving account and then transferred the same to current account. Same was not treated in books as loan and treated as capital because client took the loan in savings account and then transferred to his proprietor firm. Client has provided the PAN and Confirmations from all such lenders to AO but did not considered anything and gave order of paying tax. Is AO justified in treating such loans as income just because same were taken as capital in books and not shown in loans?
No. U/s 68, if the recipient can prove the identity of the payer (with PAN of lenders), creditworthiness/capacity of the source & genuineness of the transaction (with bank transfer evidence & confirmations), the sum credited in the books of an assessee cannot be treated as unexplained income.
The AO is not justified in ignoring the PANs and confirmations provided by the lenders & making the assessment solely because it was recorded as capital and not as a loan liability.