Deposit of cash due to demonitization

[CA AJAY KUMAR AGRAWAL]

Dear friends,

The hot topic these days is 'Tax & Penalty on Cash deposited into Banks due to Demonitization'. I have gone through several articles on this topic. The crux is that Sec 270A is applicable on this point which talks of penalty of 50% to 200% on 'Under Reported' & 'Mis-reported Income' respectively. There are views in case one deposits the cash , shows the same in his current year's (AY 2017-18) & pays applicable tax thereon, will not face much problem.

There are other reports that Income Tax Department has already started sending notices to such persons who have deposited cash in excess of the prescribed limits i.e. ₹ 2.50 Lacs aggregating in one or more saving bank accounts. Some have views that IT Department may call for the details from assessees within Feb 2017 (when the AIR period expires on 31-0102017). Normal procedure is that one can file ITR upto July 2017 & pay applicable taxes by that date & thereafter only IT department should ask for details / assess under reporting or mis reporting cases.

Please share your valuable views on the above.

[DR.MARIAPPAN GOVINDARAJAN]

Only the Department can ask for details from the person who deposits more than the threshold limit. The assessee is having liberty to declare his income in his return in the due date. In my view the Department can not make assessment and pass order. The views of other experts are solicited.

AI Summary

Penalty for undeclared cash deposits: declare and pay in the return to mitigate exposure while enquiries may follow. Tax liability and penalty exposure arise where cash deposits made following demonetization are not disclosed; Section 270A is identified as the penalty provision for underreported and misreported income. Taxpayers who declare deposited cash in the relevant assessment year and pay tax by the return due date may mitigate penalties. Administratively, the department may issue notices and call for account details when information reporting windows close, but statutory assessment procedure must be followed before any assessment order is passed.