Question And Answer | |
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Subject: | Clarification on escapement of income |
Category: | Income-Tax |
Querist: | Suresh Goyal |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Capital Gains, Notice, Penny Stocks, Reassessment, undisclosed income |
Date: | July 1, 2023 |
An Assessee invested Rs.25 Lacs in Penny Stock in Oct 2015 & sold the same for Rs 65 Lakhs in Jan 2016. He showed STCG of Rs 40 Lacs in his ROI in A.Y 2016 -17 paid 15 % tax on STCG alongwith other income. Case was reopened, the AO made the addition Rs. 65 Lacs u/s 68 which he received from sale of shares. My question is whether the escaped income will be treated Rs.25 Lacs as assessee has already disclosed Rs.40 Lacs under STCG or Rs.65 Lacs as assessed by the AO. If it is Rs.25 Lacs then the case cannot be reopened under new section 149 as it is more than 3 years and amount of escaped income is less than Rs.50 Lacs. I request you to please give your views on this query.
The query is incomplete. We would have to understand if there is an allegation of an accommodation entry or an order of SEBI. Also, when were the reassessment proceedings initiated?