Respected Members, I seek guidance on the sustainability of an addition made under Section 69A r.w.s. 115BBE in a real estate transaction case. Brief facts: A property was purchased from a builder, and all payments were made through banking channels. A search u/s 132 was conducted on the builder group. During post-search investigation, seized Tally data / internal records allegedly showed certain buyers having paid “on-money”. The assessee’s name appears in such data against an alleged cash payment. Based solely on this third-party data, the AO has made an addition u/s 69A. Key issues: No cash was found from the…
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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…
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sir, The it tax payer purchases of new land purposes confirm sufficient money in filed itr returns. Question: Assessee how the check procedure in it returns.
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Sir, One of the it person new residential house construction estimate Value rs:1.50 crores Funds from bank loans rs:1 crores. Different persons each one @19,000/- total amount rs:50 lacs received for construction purpose Question: Assessess un secured loans huge rs:50 lacs amount received from different persons sec 68,69 provision applicable for it act.
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Kindly inform Taxation of undisclosed contract receipt in case of civil contractor. Whether Gross Profit on undisclosed contract receipt will be taxed. Is there an case laws
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Assessee is firm engaged in the business of construction. On the basis of noting on the seized paper found during the course of search with Mr. X, and his admission before ITSC . Notice U/sec 153 C was issued and AO with approval of Addl CIT made the addition of the amount mentioned in the seized papers as undisclosed investment of loan in the hands of assessee u/sec 68 of the Act. Before completion of assessment proceedings Addl CIT has initiated Penalty proceedings u/sec 271D and also levied the penalty U/ 271D on reliance on the same papers . Whether…
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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…
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Assessee is partnership engaged in the business of real estate developers. Survey U/sec. 133A has been conducted , where a incriminating statement giving particulars of sale of flats , name of person , agreement value and cash accepted was recorded. Partner who was not looking after accounts had accepted the amount stated in coloum cash is extra consideration received. The amount for each unit is more than 2 lakhs. At the time of assessment the said partner had retracted from the statement. However AO made this cash as undisclosed income. Assessee later on received Notice u/Sec.269SS on the ground that…
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Assessee has purchase flat from developer. During the course of search at the premises of developer one excel sheet was found in which data regarding name of person flat no, agreement value and cash consideration was mentioned. Accountant and developer accepted in the statement recorded that they have collected on money from flat purchasers. Developer went to settlement commission and also submitted about on money as source . Assessing Officer has issued notice u/sec. 153C for 6 years to assessee on this information. Assessee has filed the returns in response to notice U/sec. 153C of the Act and submitted that…
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Assessee has individual who has purchase flat from Builder. There was search at the premises of Builder from whom assessee has purchased flat. During the course of search one statement in excel format in which name of flat holders, flat no, agreement value and on money , area etc mention. Builder has accepted that his additional income earned by him and paid the taxes. On the basis of this incriminating material and statement of Builder Assessing Officer has recorded a satisfaction note that on money amount is income to be taxable in the hands of assessee and sent the satisfaction…
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Addition u/s 69A based solely on builder’s seized data (on-money) – sustainable?