Finance1 min read

Son faced notices over property buy & cash deposits; ITAT accepts mother's gift evidence

By · Via Times of India · Published by Everything Blog

In short

The resident had faced scrutiny after purchasing property valued at Rs 20.23 lakh and depositing cash, prompting additions by the Assessing Officer. While the Commissioner of Income Tax (Appeals) had already cleared the real estate addition, the taxpayer turned to the Jaipur Bench of the ITAT to resolve the bank deposit assessment. The tribunal fully cleared the taxpayer after reviewing records showing his mother sold 642.300 grams of old gold jewellery for Rs 16,10,567 to fund a Rs 16 lakh gift.

Key points

  • The tribunal recognized that a monetary gift received from a mother qualifies under Secti…: The tribunal recognized that a monetary gift received from a mother qualifies under Section 2(41) of the law.
  • Taxpayers must demonstrate the donor's original source of funds rather than presenting si…: Taxpayers must demonstrate the donor's original source of funds rather than presenting simple gift confirmations during audits.
  • Preserving a contemporaneous paper trail that aligns transaction dates with subsequent ba…: Preserving a contemporaneous paper trail that aligns transaction dates with subsequent bank deposits is vital to satisfy regulatory authorities.

Sources checked by our analysis pipeline: 1

You buy a property and also deposit cash in your bank account. The

Income Tax department treats both as unexplained income and asks you to file your income tax return. What do you do?

A resident of Jaipur attracted the Income Tax Department's attention after purchasing a property and depositing cash in his bank account without filing an income tax return.

What the case is about

A man purchased a property worth Rs 20.23 lakh and deposited Rs 13.04 lakh in cash into his bank account. The department had received information about these transactions and began proceedings to investigate the source of the funds used for the investment and cash deposits.

During the proceedings, the taxpayer filed his income tax return, declaring an income of Rs 2,14,997. However, the Assessing Officer (AO) treated both the property investment of Rs 20,23,778 and the cash deposits of Rs 13,04,900 as unexplained. This resulted in additions of Rs 33,28,678, or approximately Rs 33.29 lakh, to the man’s income.

The person contested the assessment before the Commissioner of Income Tax (Appeals). The appellate authority…

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