Is on money received as part of sale consideration to be taxed as capital gain or unexplained money?

Описание: [2026] 187 taxmann.com 861 (#Hyderabad - Trib.) image
IN THE #ITAT HYDERABAD BENCH 'B'
#Tejal #Kaushik #Maisheri
v.
Assistant Commissioner of Income-tax, Central*
Ravish Sood, Judicial Member
and MADHUSUDAN SAWDIA, Accountant Member
IT Appeal Nos. 2210 & 2211 (Hyd) OF 2025
[Assessment years 2019-20]
#JUNE 17, 2026
Playlist: #45, #69A
45: #Capital #gains.
69A: #Unexplained #money, etc.
A.Y.2019-20/Assessee
Question: Is on money received as part of sale consideration to be taxed as capital gain or unexplained money?
1. Section 45, read with section 69A, of the Income-tax Act, 1961 / Section 67, read with section 104 of the Income-tax Act, 2025 – Capital gains – Chargeable as (Suppressed sale consideration) – Assessment year 2019-20.

2. Pursuant to a search on Spectra Group, seized agreement and receipt recorded that assessee had received Rs. 50 lakhs as part of sale consideration for open plots – Property was ultimately sold through registered sale deeds to Spectra India Eco Projects Pvt. Ltd.

3. AO treated Rs. 25 lakhs in assessee's hands as unexplained money under section 69A – Whether seized agreement to sell along with receipt evidencing payment of Rs. 50 lakhs, found during search proceedings at premises of Spectra Group, strongly supported that subject transaction was intrinsically connected with land acquisition activities of Spectra Group.

4. Held, yes – Whether amount of Rs. 25 lakhs represented suppressed or undisclosed sale consideration relating to transfer of subject property and, therefore, could only be brought to tax as part of full value of consideration while computing capital gains for Assessment Year 2020-21, and not as unexplained money under section 69A – Held, yes.

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Link for some important videos:

1) WHETHER TRIBUNAL CAN REMAND MATTER IN ENTIRETY WHERE DEPARTMENT DID NOT FILE CROSS APPEALS?- https://www.youtube.com/watch?v=gkqMk...

2) WHETHER ASSESSEE HAS ALSO TO CHALLENGE THE FINDINGS OF THE A.O THAT NOTICE HAS BEEN SERVED?- https://www.youtube.com/watch?v=XbZWh...

3) WHETHER EXTENDED TIME LIMIT U/S 149(1)(b) CAN BE USED ON THE BASIS OF SALES CONSIDERATION U/S 48?- https://www.youtube.com/watch?v=WuRt9...

4) WHETHER NOTICE SENT TO SECONDARY EMAIL IS VALID IF NOT SENT TO PRIMARY E-MAIL U/S 148?- https://www.youtube.com/watch?v=aAzHE...

5) WHETHER ENTRIES IN BOOKS OF ACCOUNTS CONCLUSIVE TO DETERMINE TAXABLE INCOME OF ASSESSEE?- https://www.youtube.com/watch?v=Rx8JQ...