Understanding Section 68: When Unexplained Cash Credits Become Taxable Income
What is Section 68 of the Income Tax Act?
Section 68 of the Income Tax Act is a crucial provision designed to curb undisclosed income and prevent tax evasion. It applies when any sum of money is found credited in the books of an assessee, and the assessee fails to provide a satisfactory explanation regarding the nature and source of that credit. If the explanation offered is not found credible by the Assessing Officer (AO), the amount is treated as the assessee’s income for that financial year and is subject to tax.
The burden of proof lies entirely on the assessee. This means that if you receive a cash credit—whether as a loan, gift, share capital, or any other form—you must be able to prove the identity of the person who gave you the money and demonstrate their creditworthiness or capacity to make such a payment. Failure to do so can result in the entire amount being added to your taxable income.
When Does Section 68 Apply?
Section 68 is invoked in several scenarios, including:
- Unsecured loans without proper documentation
- Gifts received without valid proof
- Share capital or premium in private companies without proof of source
- Credits in books during tax scrutiny with no justifiable source
- Sudden deposits in bank accounts that do not match declared income
For example, if a closely held company receives share application money from individuals who cannot prove the source of their funds, the entire amount may be treated as unexplained cash credit under Section 68. Similarly, if a business receives large cash deposits but cannot explain the source, the Assessing Officer may treat these deposits as taxable income.
Key Requirements for Justifying Cash Credits
To avoid falling foul of Section 68, the assessee must provide:
- Identity of the creditor or donor (PAN, Aadhaar, passport, etc.)
- Proof of genuineness of the transaction (bank statements, loan agreements, gift deeds, etc.)
- Evidence of the creditworthiness or capacity of the person providing the funds
- Supporting documents such as share certificates, board resolutions, and filings with the Registrar of Companies (for share capital)
Recent Case Law: ITAT Visakhapatnam on Identity and Creditworthiness
In a recent ruling, the Income Tax Appellate Tribunal (ITAT) Visakhapatnam upheld an addition towards unexplained cash credits under Section 68. The case involved a company that received cash credits but failed to substantiate the identity and creditworthiness of the lenders. The Tribunal held that merely recording the transaction in the books is not sufficient; the assessee must provide credible evidence to prove that the lenders had the capacity to make the payments.
This decision reinforces the importance of maintaining thorough documentation and being able to demonstrate the source and genuineness of any cash credits. If the Assessing Officer is not satisfied with the explanation or the evidence provided, the amount will be treated as taxable income, and the assessee may also face penalties under Section 271AAC.
Exceptions and Important Considerations
It is important to note that Section 68 does not apply to sales transactions that are already recorded in the books and accepted as income. Once sales are accepted in audited books, they cannot be reclassified as unexplained cash credits. Additionally, if the assessee has included the income in their return and paid tax on it before the end of the previous year, no penalty will be levied.
However, if the explanation offered is found unsatisfactory or if the assessee fails to provide adequate documentation, the Assessing Officer has the authority to treat the amount as unexplained income and levy tax at the rate of 60% (plus surcharge and cess), making the effective rate much higher.
Conclusion
Section 68 is a powerful tool in the hands of the tax authorities to ensure transparency and prevent tax evasion. Assessees must be vigilant in maintaining accurate books of accounts and providing clear, satisfactory explanations for any cash credits. Failure to do so can result in significant tax liabilities and penalties. Always ensure that you have the necessary documentation to prove the source and genuineness of any cash credits received.
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