ITR
Explaining large cash deposits in a 142(1) reply
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Facts
Unexplained cash credits or deposits can be treated as income and taxed at a special high rate with penalty. You need to show where the cash came from with documents, such as business receipts, withdrawals earlier, gifts from relatives or sale of an asset.
Provisions and law
- Sec 142(1) (now Sec 268(1))Officer can call for a return, accounts, documents or information before making an assessment
- Sec 68 (now Sec 102)Sums credited in books without satisfactory explanation can be treated as income
- Sec 69 (now Sec 103)Investments not recorded and not explained can be treated as income
Analysis
Build a cash flow: opening cash, withdrawals, receipts and deposits by date. For example, ₹6 lakh may come from a withdrawal two months earlier, ₹5 lakh from shop sales shown in ITR-4, and ₹4 lakh from a gift by your father with his bank withdrawal and a gift deed. Each part needs a document. Vague answers like 'savings at home' without proof are often rejected.
Conclusion
- List every cash deposit above ₹50,000 with dates
- Match each to a source: withdrawal, sales, gift, loan or asset sale
- Collect proof: bank statements, sales records, gift deed, donor's bank entry
- Give a cash flow table in the reply with the proofs attached
Do not create back dated documents; they make the case worse and can attract prosecution.
A Savvy can do this for you
Inquiry before assessment, Sec 142(1) (now 268(1))
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