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        Case ID :

        Can't escape law by showing sudden jump in income

        November 17, 2016

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        Government  said people trying to adjust their declared black money by showing sudden jump in their income for the current fiscal cannot escape the law by paying tax at applicable rates.

        This was made clear by Finance Minister Arun Jaitley in Rajya Sabha during a debate on demonitisation after Akali Dal leader Naresh Gujral, citing newspaper reports, said chartered accountants are suggesting that only 30 per cent tax is payable under the current Income Tax Act.

        "I think what Mr Gujral is refering to that if somebody declares it (the deposit) as part of current income, then current income is taxable at rates provided in the IT Act.

        "But if the current income becomes suddenly 5000 per cent of last year's income, then will it be treated as current income or otherwise," Jaitley said and added that existing laws will apply.

        Last week Revenue Secretary Hashmukh Adhia had said the IT Department will be getting reports of all cash deposited during the period of November 10 to December 30, 2016, above a threshold of ₹ 2.5 lakh in every account.

        "The (tax) department would do matching of this with income returns filed by the depositors. And suitable action may follow," .

        Any mismatch with income declared by the account holder will be treated as a case of tax evasion.

        "This would be treated as a case of tax evasion and the tax amount plus a penalty of 200 per cent of the tax payable would be levied as per the Section 270(A) of the Income Tax Act," the Secretary had said.

        Tax evasion: sudden unexplained income increases may be matched to returns and attract tax plus penalty. Declarations of large cash deposits after demonetisation will be reported for automated matching with income-tax returns; unexplained or disproportionate increases in declared income will be treated as tax evasion and subject to taxation at applicable rates together with statutory penalty provisions.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Tax evasion: sudden unexplained income increases may be matched to returns and attract tax plus penalty.

                              Declarations of large cash deposits after demonetisation will be reported for automated matching with income-tax returns; unexplained or disproportionate increases in declared income will be treated as tax evasion and subject to taxation at applicable rates together with statutory penalty provisions.





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                              ActsIncome Tax
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