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The key points are: Undisclosed income declared under the Income Declaration Scheme (IDS) 2016 does not change its character or nature merely due to non-payment of tax under the scheme. The assessing officer erroneously treated the declared income as income from unexplained sources u/s 68 read with Section 115BBE, instead of taxing it as capital gains. The Income Tax Appellate Tribunal (ITAT) held that failure to pay tax under IDS 2016 cannot alter the character of the income declared under the scheme. The ITAT upheld the Commissioner of Income Tax (Appeals) order directing the assessing officer to recompute the total income as capital gains in the hands of the assessee Hindu Undivided Family (HUF). The Revenue's appeal was dismissed, following the ITAT's own precedent case.
The key points are: Undisclosed income declared under the Income Declaration Scheme (IDS) 2016 does not change its character or nature merely due to non-payment of tax under the scheme. The assessing officer erroneously treated the declared income as income from unexplained sources u/s 68 read with Section 115BBE, instead of taxing it as capital gains. The Income Tax Appellate Tribunal (ITAT) held that failure to pay tax under IDS 2016 cannot alter the character of the income declared under the scheme. The ITAT upheld the Commissioner of Income Tax (Appeals) order directing the assessing officer to recompute the total income as capital gains in the hands of the assessee Hindu Undivided Family (HUF). The Revenue's appeal was dismissed, following the ITAT's own precedent case.
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