Transfers between accounts of father and daughter
My mother died in 2009 and my father inherited all her assets, moveable & immoveable, through will. Thereafter, he has been transferring money from his accounts to my account, and I have also transferred back in his account. This to & fro transfers have been happening till FY 2018-19. Transfers were in different amounts but total maximum in a given year was Rs.75 lakh from father to me, and Rs.95 lakh from my account to his.
Since none of us had any income and interest income did not exceed tax free income limit, we did not file returns.
My questions are:
1. How far back can ITO go back and ask for returns/ records.
2. Was there any duty legally imposed which we did not fulfill?
3. I did file my return for few years in between, paying tax on interest when it exceeded exemption amount, but did not mention money transfers. Am I liable for any prosecution, civil or criminal?
4. My father now is 93 years old, can he be prosecuted?
5. Was there anything wrong in transfers and was any tax liability involved? This was within blood relations.
Thanks for your detailed reply
Asked 2 years ago in Taxation
Thanks, full facts:
I have two accounts: One me as Primary account holder with my wife & daughter joint; Second, my father as Primary account holder with me joint
I always filed my ITRs in time
My daughter had no income, so she never filed any ITR
She received notice for FY 2017-18 and filed return with zero income
There were following ALL ONLINE transactions in the bank statement
1. Withdrawal of old FDRs and crediting proceeds direct to account by bank. Opening new FDR from the balance in the account
2. Therafter above cycle was repeated few times.
3. ITO has asked source of FDRs saying they were placed not as renewal of FDRs
4. There were also some to & fro transfers between my account and my father's account. However, total transfer out was more than total transfer in
5. There was no other entries in bank statement except bank interest, which I included in my ITR as primary account holder
6. I am worried if I died before my daughter is cleared by ITO, she knows nothing about bank accounts
My followup questions:
A. Can my daughter be held accountable for anything?
B. Can she be asked any more details from earlier years?
C. Can she just stop responding to notices?
D. My daughter was not a tax resident of India, can ITO ask her overseas ITR?
E. What worst consequences can be?
Kindly advise
Regards
Asked 2 years ago