|
13. Un-explained investments, etc., deemed to be income:-
(1) Where,
(a) any
sum is found to be credited in the books of an assessee maintained for
any income year; or
(aa) the
assessee is found to have made any investment or is found to be the owner
of any money or valuable article, in any year; or
(b) the
assessee is found to have made any investment in any income year which
is not recorded in the books of account maintained for that income year
or is not shown in the wealth statement or return of wealth furnished
under section 58 in respect of that year; or
(c) the
assessee is found in respect of any income year to be the owner of any
money or valuable article which is not recorded in the books of account,
if any, maintained by him or is not shown by him in any wealth statement
or return of wealth furnished under section 58 in respect of that year;
or
(d) the
assessee has made investment in any income year or is found in respect
of any such year to be the owner of any valuable article and the Deputy
Commissioner finds that the amount expended on making such investment
or in acquiring such valuable article exceeds the amount recorded in this
behalf in the books of account maintained by him or shown in the wealth
statement or return of wealth furnished under section 58 in respect of
that year; or
(e)
an assessee has, during any income year, incurred any expenditure, and
the assessee offers no explanation about the nature and source of such
sum, investment, acquisition of the money or valuable article, excess
amount or the money from which the expenditure was met, as the case may
be, or the explanation offered by him is not, in the opinion of the Deputy
Commissioner, satisfactory, the sum so credited, the value of the investment,
the money or the value of the article, the excess amount or the amount
of the expenditure, as the case may be, shall be deemed to be the income
of the assesses of such income year chargeable to tax under this Ordinance:
Provided
that, where any act referred to in clauses (a) to (e) is discovered after
the assessment of income of the income year to which the said act relates
has been made, the income chargeable to tax under this section shall be
included in the total income of the income year relevant to the assessment
year in which the said discovery is made:
Provided
further that in cases referred to in clauses (aa) to (e) such income shall
not be chargeable to tax unless approval of the Inspecting Additional
Commissioner has been obtained.
(2)
Where the value of any investment or article referred to in clause (aa),
(b), (c) or (d), or the amount of expenditure referred to in clause (e)
of sub-section (1) is, in the opinion of the Deputy Commissioner, too
low, the Deputy Commissioner may determine, after giving a reasonable
opportunity to the assessee of being heard, a reasonable value or the
amount thereof, as the case may be, and all the provisions of sub-section
(1) shall have effect accordingly.
(3)
The Central Board of Revenue may by rules provide for the determination
of the value of any property or article for the purposes of this section.
|