The unexplained investments come under Section 69 of the Income Tax Act,1961. These investments are made by the assesses in a financial year just preceding the assessment year.
If the investments are not mentioned in the account books of the assessee and he/she cannot provide the correct explanation for such investments, then the assessment officer will consider the value of these investments as the income of the assessee for the financial year. It will be taxed as per the income slab rate.
Under section 69A of the Income Tax Act, the income is taxed at the rate of 60% with the additional charges such as surcharges at 25% and 4% of Health and Education cess, which makes it a total of 78% tax rate.
Example: Consider Ramesh invests Rs 1 lakh in an FY without mentioning it in its books of account. If he was unable to provide the explanation for the source of this investment, then the AO will treat this investment as a part of his income.
The tax liability would be:
Particulars | Amount (Rs) |
---|---|
Income Tax | 1,00,000*60% = 60,000 |
Surcharge | 60,000*25% = 15,000 |
Cess | (60,000 + 15,000)* 4% = 3,000 |
Final Tax Liability | 78,000 |
Here are the important conditions that need to be fulfilled as per Section 69 of the Income Tax Act: