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Section 69

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78% Tax Plus 6% Penalty for Unexplained Investments

Corporate Law : Assessees face 78% tax and 6% penalty for unexplained investments or expenditures under Sections 69 to 69C of Income Tax Act if de...

September 18, 2024 5214 Views 0 comment Print

FAQs on Penalty provisions under Income Tax Act, 1961

Income Tax : Learn about penalty provisions under the IT Act, including penalties for defaults in tax payment, income reporting, and more. Key ...

August 24, 2024 1947 Views 0 comment Print

How to Handle Surrendered Income During a Tax Survey: A Practical Guide

Income Tax : Article explains how surrendered income is treated under I.T Act, particularly focusing on applicability of Sections 68 to 69D and...

August 23, 2024 4200 Views 0 comment Print

Undisclosed Sources of Income and Tax Rate Applicable [Section 68-69D of Income Tax Act,1961]

Income Tax : Discover the tax implications and rates for undisclosed sources of income under Sections 68-69D of the Income Tax Act, 1961. Learn...

July 3, 2024 1527 Views 0 comment Print

Tax Liability on Unexplained Investment/Expenditure: Implications for Taxpayers

Income Tax : Explore the heavy tax implications on taxpayers for unexplained investments and expenditures under Income Tax Act sections 69 to 6...

January 3, 2024 3237 Views 0 comment Print


Latest Judiciary


Protective addition deleted as income already included and tax paid by assessee’s wife: ITAT Delhi

Income Tax : ITAT Delhi held that protective addition in the hands of assessee deleted as substantial addition already made in the hands of the...

December 9, 2024 243 Views 0 comment Print

Addition u/s. 69 not sustained since source of investment explained: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that addition u/s. 69 of the Income Tax Act towards unexplained investment unsustainable since assessee had ex...

December 4, 2024 426 Views 0 comment Print

ITAT Ahmedabad Partially Upholds Unexplained Investment Addition

Income Tax : ITAT Ahmedabad upheld part of the unexplained investment addition for Rs. 79.35 lakh in Bhavin V. Maniar's case, allowing time for...

December 2, 2024 597 Views 0 comment Print

Addition u/s. 69 on protective basis not justified as genuineness of transaction established

Income Tax : ITAT Delhi held that addition under section 69 of the Income Tax Act on protective basis not justified since assessee established ...

November 29, 2024 570 Views 0 comment Print

Penalty u/s. 78 justified since tax determined during course of investigation: CESTAT Allahabad

Service Tax : No deduction under the Head “Provident Fund” is permissible in the above provisions and I therefore, hold that the taxable val...

November 29, 2024 318 Views 0 comment Print


Section 69: Entire purchases cannot be added as bogus

September 24, 2020 1977 Views 0 comment Print

ITO Vs Abhay Kantilal Shah (ITAT Mumbai) In instant case, as mentioned earlier, the assessee has filed before the AO copies of (i) bank statements for the financial year 2010­11, evidencing the payments made to these parties; (ii) ledger account of all the parties; (iii) purchase invoices from these parties and (iv) sale invoices as […]

Section 69 addition not justified if Assessee Explains source of Deposits in Bank based on Cash Book

September 21, 2020 4797 Views 0 comment Print

The issue under consideration is whether the addition made u/s 69 by AO due to undisclosed sources of cash deposits in bank account is justified in law?

Asking to prove 92% of expense defeats purpose of presumptive taxation: ITAT Bangalore

September 11, 2020 11964 Views 0 comment Print

Shri Kokkarne Prabhakara Vs. ITO (ITAT Bangalore) Asking the assessee to prove to the satisfaction of the Assessing Officer, the expenditure to the extent of 92% of gross receipts, would also defeat the purpose of presumptive taxation as provided under section 44AD of the Act or other such provision. Since the scheme of presumptive taxation […]

Amount/Stock disclosed during survey is part of book profit for section 40(b)

August 26, 2020 1557 Views 0 comment Print

Jadhav Kangralkar Builders Vs ACIT (ITAT Pune) We find that there is no dispute regarding the business of assessee and earning Rs.200/- extra over and above regular income for selling 37,752 sq. ft. in Aayodhya Nagari project. From the day one i.e. from date of survey as discussed above, the assessee was contended the amount […]

Loose papers cannot be classified as ‘incriminating material’ unless AO establishes nexus

August 6, 2020 4146 Views 0 comment Print

For instance, scribbling or rough notings found on loose papers cannot be straightaway classified as ‘incriminating material’ unless the AO establishes nexus or connect of such notings with unearthing of undisclosed income of the assessee. This nexus or connect has to be brought out in explicit terms with corroborative material or evidence which any prudent man properly instructed in law must be able to understand or correlate so as to justify the AO’s inference of undisclosed income from such seized incriminating material.

Section 68 Addition not Justified for Unexplained Deposit in Bank Account

July 29, 2020 13122 Views 0 comment Print

The issue under consideration is whether the AO is justified in making addition u/s 68 towards alleged unexplained deposit in the bank account in as much as a bank account is not a book of account maintained by the appellant?

Section 68, 69, 69A, 69B and 69C of Income Tax Act, 1961

June 30, 2020 399958 Views 14 comments Print

Comparison between section 68, section 69, section 69A, section 69B and section 69C: -So far as section 68 is concerned, the onus is wholly upon the Assessee to explain the source of the entry. But in cases falling under section 69, 69A, 69B and 69C, the words used show that before any of these sections are invoked, the condition precedent as to existence of investment, expenditure, etc. must be conclusively established by material on record/ evidence.

Section 115BBE not applies if no Section 69 addition for undisclosed investments during Assessment

June 9, 2020 7971 Views 0 comment Print

whether CIT(A) is justified in quashing the action of the AO u/s 154 in applying provision of section 115BBE on undisclosed investment surrendered during the course of survey proceedings?

If section 69 not invoked by AO in Order u/s 143(3) then section 115BBE can’t invoked for rectification u/s 154

June 9, 2020 2667 Views 0 comment Print

whether CIT(A) is justified in quashing the action of the AO u/s 154 of the Act in applying provision of section 115BBE of the IT Act on undisclosed investment surrendered during the course of survey proceedings?

Taxation of Unexplained Incomes

June 5, 2020 79380 Views 0 comment Print

Background To begin with, the unexplained income simply means any income for which assessee do not have valid explanation about the nature and / or source or the assessing officer is not satisfied with the explanation provided by the assessee. Under the provisions of Income-tax Act, 1961 (the Act) broadly, the term ‘unexplained income’ is […]

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