Part I -- Income from Undisclosed Sources |
1
| >> |
Section A -- Introductory |
2
| >> |
| 1 Deemed Income under Sections 68 to 69D |
2
| >> |
| 2 Taxation of Incomes Referred to in Sections 68 to 69D |
8
| >> |
Section B -- Cash Credits [Section 68] |
11
| >> |
| 3 Chargeability under Section 68 |
11
| >> |
| 4 Nature, Scope and Mandate of Section 68 |
18
| >> |
| 5 Scope of First Proviso to Section 68 |
26
| >> |
| 6 Scope of Second and Third Proviso |
30
| >> |
| 7 Maintenance of Books of Accounts -- Condition Precedent for Invoking Section 68 |
36
| >> |
| 8 Approach of Assessing Officer While Invoking Section 68 |
44
| >> |
| 9 Onus to Prove Regarding Cash Credit |
55
| >> |
| 10 Shifting of Burden of Proof to Revenue |
79
| >> |
| 11 Role of Assessee's Explanation Regarding Credit Entries |
88
| >> |
| 12 Examination As to Genuineness of Cash Credit |
98
| >> |
| 13 Justification of Addition under Varying Circumstances |
123
| >> |
| 14 Long Term Capital Gain on Penny Stocks Vis-a-Vis Addition under Sec. 68 |
149
| >> |
| 15 Telescoping of Intangible Additions |
167
| >> |
| 16 Applicability of Peak Credit Theory |
175
| >> |
| 17 Cash Credit Vis-a-Vis Partnership Firm |
182
| >> |
| 18 Share Capital of Companies and Cash Credit |
198
| >> |
| 19 Burden to Prove Source of Share Capital Etc., in Hands of Investors in Case of Closely Held Companies |
257
| >> |
| 20 Shell Companies Vis-a-Vis Addition under Section 68 |
258
| >> |
| 21 Addition under Section 68 Vis-a-Vis Donation in Hands of Charitable Trusts and Institutions |
261
| >> |
| 22 Cash Deposits under Varying Fact Situations Vis-a-Vis Addition under Section 68 |
265
| >> |
| 23 Cash Credit Perspective in Estimation of Business Income |
303
| >> |
| 24 Tribunal's Finding Vis-a-Vis Cash Credit |
309
| >> |
| 25 Powers and Duties of Assessing Officer While Invoking Section 68 Provision |
312
| >> |
Section C -- Loans and Cash Credits |
321
| >> |
| 26 Dealing with Unsecured Loans |
321
| >> |
| 27 Burden to Prove Genuineness of Unsecured Loans |
334
| >> |
| 28 Source of Source Whether Required to be Proved |
368
| >> |
| 29 Issuance of Summons to Loan Creditors |
380
| >> |
| 30 Unsecured Loan from Family Members -- Determination of Its Genuineness |
389
| >> |
| 31 Justification of Addition on Account of Unsecured Loans |
393
| >> |
Section D -- Conveyancing Solutions in Cash Credits Specific Matters |
405
| >> |
| 32 Notice Vis-a-Vis Cash Credits |
405
| >> |
| 33 Specimen Replies Under Varying Circumstances |
407
| >> |
Section E -- Unexplained Investments [Section 69] |
425
| >> |
| 34 Addition under Section 69 |
425
| >> |
| 35 Burden of Proof and Opportunity of Hearing |
434
| >> |
| 36 Justifiability or Otherwise of Addition under Section 69 |
445
| >> |
| 37 Addition under Section 69 Vis-a-Vis Construction Cost |
457
| >> |
| 38 Addition under Section 69 Consequent to Search, Seizure and Survey Proceedings |
465
| >> |
| 39 Addition on Account of Unexplained Jewellery |
478
| >> |
| 40 Addition on Account of Unaccounted Sales and Bogus Purchases |
485
| >> |
| 41 Excess Stock Vis-a-Vis Addition under Section 69 |
498
| >> |
| 42 Undisclosed or Unexplained Investment in Property |
508
| >> |
| 43 Unexplained Deposit in Bank Account |
523
| >> |
| 44 Unexplained Investments in Shares, Bonds, FD's, Etc. |
537
| >> |
| 45 Miscellaneous Fact Situations and Addition under Section 69 |
546
| >> |
| 46 Conveyancing as to Section 69 |
574
| >> |
Section F -- Unexplained Money, Jewellery, Etc. [Section 69A] |
577
| >> |
| 47 Addition under Section 69A |
577
| >> |
| 48 Presumption As to Ownership |
584
| >> |
| 49 Opportunity of Hearing and Burden of Proof |
591
| >> |
| 50 Addition on Account of Unexplained Jewellery |
597
| >> |
| 51 Cases of Unexplained Cash |
607
| >> |
| 52 Justifiability or Otherwise of Addition under Section 69A |
628
| >> |
| 53 Conveyancing As to Section 69A |
653
| >> |
Section G -- Amount of Investments, Etc., Not Fully Disclosed in Books of Accounts [Section 69B] |
656
| >> |
| 54 Addition under Section 69B |
656
| >> |
| 55 Addition under Section 69B Where Not Sustainable |
666
| >> |
| 56 Additions under Section 69B Where Sustainable |
682
| >> |
| 57 Conveyancing As to Section 69B |
687
| >> |
Section H -- Unexplained Expenditure and Bogus Purchases [Section 69C] |
691
| >> |
| 58 Addition on Account of Unexplained Expenditure |
691
| >> |
| 59 Addition Towards Bogus Purchases |
727
| >> |
| 60 Conveyancing As to Section 69C |
777
| >> |
Section I -- Amount Borrowed or Repaid on Hundi [Section 69D] |
783
| >> |
| 61 Addition of Hundi Amount under Section 69D |
783
| >> |
| 62 Conveyancing As to Section 69D |
790
| >> |
Section J -- Gifts and Treatment Thereof as Undisclosed Income |
793
| >> |
| 63 Section 68 Vis-a-Vis Section 56(2) |
793
| >> |
| 64 Burden to Prove As to Genuineness of Gift |
796
| >> |
| 65 Justification of Addition on Account of Non-Genuine Gift |
810
| >> |
| 66 Addition on Account of Gift Where Held Not Sustainable |
821
| >> |
| 67 Addition on Account of NRI Gift |
831
| >> |
| 68 Gift Vis-a-Vis Addition under Section 68/69/69A/69B/69C |
837
| >> |
| 69 Necessity of Opportunity of Hearing |
839
| >> |
Section K -- Demonetisation Vis-a-Vis Income From Undisclosed Sources |
841
| >> |
| 70 Addition in Wake of 2016 Demonetisation |
841
| >> |
| 71 Applicability of Section 68 or Section 69A in Demonetisation Cases |
843
| >> |
| 72 Post Demonetisation Cash Deposit Consequences |
845
| >> |
| 73 Addition on Account of Cash Deposit During Demonetisation -- Cases Helpful While Contesting Addition |
849
| >> |
| 74 Acceptance of Old Currency Notes Against Sales After Becoming Illegal Tender -- Related Issues |
868
| >> |
| 75 Queries and Reply Vis-a-Vis Demonetisation Cases |
872
| >> |
| 76 Deposit of High Denomination Note in Wake of Earlier Demonetisation Scenario Vis-a-Vis Income from Undisclosed Sources |
879
| >> |
| 77 Declaration under Voluntary Disclosure Schemes During Demonetisation Vis-a-Vis Addition under Section 68 |
884
| >> |
| 78 Declaration under Vivad Se Vishwas Scheme, 2024 |
892
| >> |
Part II -- Taxation Under Section 115BBE and Penal Consequences |
911
| >> |
| 79 Introduction of Taxation at Special Rate under Section 115BBE |
912
| >> |
| 80 Scheme of Taxation under Section 115BBE |
914
| >> |
| 81 No Deduction or Set Off of Loss Out of Deemed Income Referred to under Sections 68 to 69D |
919
| >> |
| 82 Unexplained Income Liable to Taxation under Section 115BBE -- Nature and Instances |
924
| >> |
| 83 Cash Sales Vis-a-Vis Applicability of Section 115BBE |
934
| >> |
| 84 Surrender of Income in Search or Survey and Applicability of Section 115BBE |
938
| >> |
| 85 Non-Applicability of Section 115BBE Where Income Classified as Business Income |
950
| >> |
| 86 Penalty when Leviable under Section 271AAC |
959
| >> |
| 87 Penalty Leviable under Section 271AAB Where Undisclosed Income Found During Search |
961
| >> |
| 88 Penalty Leviable under Section 271AAD Where False Entry Fake Invoice Etc., Found While Invoking Addition for Undisclosed Income |
971
| >> |
Part III -- Treatment of Cash Transactions |
975
| >> |
Section A -- Disallowance of Cash Payments Under Section 40A(3) |
976
| >> |
| 89 Disallowance Provision under Section 40A(3) |
976
| >> |
| 90 Scope and Applicability of Section 40A(3) |
980
| >> |
| 91 Issues Relevant to Section 40A(3) As Clarified by CBDT Via Various Circulars |
997
| >> |
| 92 Exceptional Circumstances As Per Rule 6DD |
1000
| >> |
Section B -- Acceptance or Repayment of Loan/Deposit/Specified Sum or Advances in Cash [Sections 269SS & 269T] |
1023
| >> |
| 93 Restriction on Acceptance and Taking of Loan, Deposits or Specified Sum [Section 269SS] |
1023
| >> |
| 94 Bar to Repayment of Loan or Deposit or Specified Advance in Cash [Section 269T] |
1049
| >> |
| 95 Escapement From Penalty under Sections 271D and 271E Owing to Reasonable Cause |
1057
| >> |
Section C -- Miscellaneous Issues Vis-a-Vis Cash Transactions |
1075
| >> |
| 96 Restriction on Cash Receipts under Section 269ST |
1075
| >> |
| 97 Acceptance of Payment Through Prescribed Electronic Modes [Section 269SU] |
1083
| >> |
| 98 Certain Other Disincentives for Cash Transactions |
1085
| >> |
| 99 Income Tax Act, 1961 Vis-a-Vis Income Tax Bill, 2025 |
1089
| >> |