Curb tax evasion through Unexplained Credits (i.e. unaccounted money or fictitious entries in financial records) in Clause 102 of The Income Tax Bill, 20205 Vs. Section 68 of The Income Tax Act, 1961

Clause 102 Unexplained credits.

Income Tax Bill, 2025

Introduction

Clause 102 of the Income Tax Bill, 2025, addresses the issue of unexplained credits in the books of account maintained by an assessee. This provision is crucial in the context of income aggregation and aims to bring transparency and accountability in financial disclosures by taxpayers. The clause outlines specific conditions under which any sum found credited in the books of an assessee is deemed unexplained and, consequently, included in the total taxable income. The provision reflects a legislative intent to curb tax evasion through unaccounted money or fictitious entries in financial records.

Objective and Purpose

The primary objective of Clause 102 is to ensure that all credits in the books of an assessee are backed by satisfactory explanations regarding their nature and source. This clause serves as a deterrent against the use of unaccounted funds and fictitious transactions to evade taxes. By mandating a satisfactory explanation from both the assessee and the person in whose name the credit is recorded, the provision seeks to enhance the integrity of financial disclosures. The clause also aligns with broader policy considerations aimed at promoting transparency and accountability in financial transactions.

Detailed Analysis

Clause 102 is structured into four sub-sections, each addressing different scenarios related to unexplained credits.

General Rule for Unexplained Credits

Sub-section (1) establishes the general rule that any sum found credited in the books of account without a satisfactory explanation will be charged as income. This provision places the onus on the assessee to provide a credible explanation for each credit entry. The Assessing Officer's opinion is crucial here, as they have the discretion to determine the adequacy of the explanation. This sub-section aligns with the principle of transparency and accountability in financial reporting.

Loans and Borrowings

Sub-section (2) specifically addresses credits that consist of loans or borrowings. It stipulates that the explanation will be deemed unsatisfactory unless the creditor also provides a satisfactory explanation. This dual requirement ensures that both parties involved in the transaction are accountable, reducing the chances of fictitious loans being used to evade taxes. The provision emphasizes the need for corroborative evidence from both the assessee and the creditor.

Share Application Money and Related Credits

Sub-section (3) deals with credits in the form of share application money, share capital, or share premium in companies not substantially owned by the public. Similar to sub-section (2), it requires explanations from both the company and the individual in whose name the credit is recorded. This provision aims to prevent the misuse of share capital as a means of introducing unaccounted money into companies. It reflects a policy shift towards greater scrutiny of corporate financial practices.

Exemption for Venture Capital Funds

Sub-section (4) provides an exemption for venture capital funds and companies, recognizing their unique role in financing and innovation. This exemption acknowledges the legitimate use of unexplained credits in venture capital activities and avoids stifling investment in high-risk ventures. However, it also implies a need for careful monitoring to prevent abuse of this exemption.

Practical Implications

Clause 102 has significant implications for various stakeholders, including businesses, individuals, and tax authorities.

• For businesses, especially those not substantially owned by the public, the provision necessitates meticulous record-keeping and transparency in financial dealings. Companies must ensure that all credits in their books are substantiated with adequate documentation and explanations.
• For individuals, particularly those involved in transactions with companies, the provision underscores the importance of maintaining clear and credible records of financial dealings. Failure to provide satisfactory explanations could result in the credited sums being taxed as income, leading to potential financial liabilities.
• For Tax Authorities, benefit from the provision as it empowers them to scrutinize credits in the books of an assessee more effectively. The dual requirement for explanations from both parties involved in a transaction enhances the ability of tax authorities to detect and address instances of tax evasion.

Comparative Analysis

Section 68 of the Income Tax Act, 1961, serves a similar purpose as Clause 102, addressing unexplained credits in the books of an assessee. Both provisions require the assessee to provide satisfactory explanations for any credited sums, failing which the sums are treated as income.

1. Scope and Applicability: Both Clause 102 and Section 68 apply to unexplained credits in the books of an assessee. However, Clause 102 introduces specific provisions for loans, borrowings, and share capital, which are not explicitly detailed in Section 68.

2. Requirement of Dual Explanation: Clause 102 explicitly mandates explanations from both the assessee and the person in whose name the credit is recorded, particularly for loans and share capital. Section 68, while requiring explanations, does not explicitly state the need for dual explanations, making Clause 102 more stringent in this regard.

3. Exemptions for Venture Capital: Clause 102 provides a specific exemption for venture capital funds and companies, recognizing their unique nature. Section 68 does not contain such specific exemptions, indicating a more generalized approach.

4. Legislative Intent and Policy Considerations:** Both provisions aim to curb tax evasion through unexplained credits. However, Clause 102 reflects a more nuanced approach by addressing specific types of transactions and providing exemptions for venture capital, aligning with contemporary policy considerations to promote innovation and entrepreneurship.

Conclusion

Clause 102 of the Income Tax Bill, 2025, represents an evolution in the legislative framework addressing unexplained credits. By introducing specific provisions for loans, borrowings, and share capital, and providing exemptions for venture capital, the clause reflects a comprehensive approach to enhancing transparency and accountability in financial transactions. While it shares core similarities with Section 68 of the Income Tax Act, 1961, Clause 102 introduces nuanced requirements that align with contemporary economic and policy considerations. Future developments may focus on refining these provisions further, considering the dynamic nature of financial transactions and the evolving landscape of tax legislation.

Full Text:

Clause 102 Unexplained credits.

Dated: 4-4-2025