Income Tax

Standard Procedure for applying provisions of unexplained cash credits u/s 68-CBDT Instruction

Standard Procedure for applying provisions of unexplained cash credits u/s 68 of Income tax Act,1961

Central Board of Direct Taxes (CBDT) has issued a detailed instruction specifying SOP for dealing with unexplained cash credits u/s 68. As per the said Instruction, the following sequence of steps have been prescribed to be followed by the Assessing Officers (AO)  for  applying provisions of section 68 of the Act:

SOP for applying unexplained cash credits provisions 

Step 1: Whether there is credit of a sum during the year in the books of accounts maintained by the taxpayer.

Step 2: If yes, the assessee should be asked to explain the nature and source of such credit appearing in the books of accounts of the assessee.

Step 3: If the assessee offers no explanation, the sum so credited may be charged to income-tax as the income of the assessee of that previous year.

Step 4: If the assessee furnishes an explanation, the AO should examine whether the explanation so offered establishes. the three ingredients i.e. identity of the creditor, creditworthiness of the creditor and genuinenes of the transactions.

Step 5: Whether explanation of the assessee is reliable or acceptable? If yes, no further action is required and the sum so credited may not be charged to income tax.

Step 6: If the explanation so offered by the assessee is not acceptable or reliable, the AO should give a detailed reasoning in the assessment order for not accepting the same.

Step 7: The reasons for not accepting the  explanation of the assessee should be communicated to the assessee.

Step 8: The Order passed by the AO should be speaking one bringing on record all the facts, explanation furnished by the assessee in respect of nature and source of the credit in its books of accounts and reasons for not accepting the explanation of the assessee. Relevant case laws should be relied upon wherever  possible.

The Instruction also contains a detailed Background Note to section 68 along with some important case laws.

Download CBDT Instruction on Cash Credits Click Here >>

Share

Recent Posts

  • Income Tax

ITAT confirms addition u/s 68 by lifting the veil of secrecy to see beyond paper trail

We cannot be blind to reality of money laundering through accommodation entries, mere paper trail not enough - ITAT In…

6 hours ago
  • Income Tax

Disallowance of a deduction does not automatically lead to misreporting of income

A claim of deduction made in return, even if found inadmissible, does not automatically lead to misreporting of income -…

4 days ago
  • Income Tax

After holding cash receipts/payments as unexplained, ad-hoc addition can not be made – HC

After holding that the cash receipts and cash payments are unexplained, ad-hoc estimation of income can not be adopted –…

6 days ago
  • Income Tax

Dividing total turnover by 365 days to arrive at daily cash sale is based on conjectures and surmises

Dividing total turnover by 365 days and concluding that assessee could not have made such cash sale on a single…

1 week ago
  • Empanelment

NERIST Arunachal Pradesh invites EoI for Empanelment of Chartered Accountant firm

NERIST Arunachal Pradesh invites EoI for Empanelment of Chartered Accountant firm North Eastern Regional Institute of Science and Technology, (NERIST)…

1 week ago
  • Empanelment

Sibsagar University invites EoI for Appointment of Internal Auditor for 01.08.2024 to 31.03.2026.

Sibsagar University invites Expression of Interest (EOI) for Appointment of Internal Auditor  Sibsagar University invites Expression of Interest (EOI) from reputed…

1 week ago