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Geetha T (Manager)     29 January 2010

Incometax query problem

Dear all

I purchased a property in Mumbai in 2006, by taking bank loan and the remaining amount, I took from my relatives. Recently Incometax dept asked me to submit the proof of my income apart from bank loan. I submitted the money borrowing note from my relatives. But they are not accepting that since my relatives are villagers who are not having pan card. Thus they added all the money I borrowed as my income and put tax and penalty for that. I am really not knowing how to convince them. The actual thing is I completed my debts of relatives only by this year. How to handle this issue? I am a regular tax payer. Please advise me how to get out of this problem. I lost my peace of mind because of this.

Thanks

Geetha



 1 Replies

V.P.NARAYANAN (ADVOCATE)     31 January 2010

If an order is already passed against you by the assessing officer the remedy is to appeal againt the order to the commissioner appeals. If  demand is not rised and the matter is still at notice stage you can convince the Assessing officer with the details of borrowing and if possible by an affidivit from  lenders along with the details of repayments. If you have borrowed money thru cheque or demad draft it will be easy to convenience the authorities.The query can not be answered further without getting the full details regarding the year of borrowing, the amount involved and the mode of receipt of money. There is no law to add  the borrowed amount to the income of the assessee only on the reason of the lender not having PAN


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