ITR
Penalty on unexplained cash or investments
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Facts
Unexplained credits, investments and money under Sec 68 to 69D are taxed at a special high rate under Sec 115BBE. A separate penalty of 10% of that tax can be levied under Sec 271AAC, unless the income was shown in the return and tax paid before the end of the year.
Provisions and law
- Sec 271AAC (now Sec 443)Penalty of 10% of tax payable under Sec 115BBE
- Sec 68 (now Sec 102)Unexplained cash credits
- Sec 69 (now Sec 103)Unexplained investments
Analysis
If ₹10,00,000 was treated as unexplained, tax under Sec 115BBE is 60% plus surcharge and cess, roughly ₹7,80,000, and Sec 271AAC penalty is 10% of the tax. No Sec 270A penalty applies on the same income. The best defence is to show the source, so the addition itself goes; that can also be argued in appeal. Check the rate in the order against the law for that year.
Conclusion
- Check which section the addition is under and the tax charged
- Reply to the penalty notice giving the source explanation again
- Appeal the addition if you have evidence of source
- Keep the penalty appeal linked to the main appeal
A Savvy can do this for you
Penalty notice, Sec 270A / 274 (now 439 / 471)
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