2014 (8) TMI 1042 - HC - Income Tax

Unaccounted income - cash withdrawal from the bank - Held that - AO s action of making addition on accounts of all deposits made in the bank accounts of the appellant is without any justification and bordering to the point of high pitch assessment. During the course of assessment proceedings as well as before the undersigned the appellant has produced cash book showing daily cash balances. From this statement it is observed that appellant was having maximum cash balance of ₹ 7,95,165/on 26/08/2008. Considering that whatever income the appellant earned is being ploughed back into his business and he could have at the most earned income to the extent of the maximum cash balance as per his cash book, accordingly maximum addition is restricted to the peak of cash balance during the year. Under the circumstances, addition of ₹ 7,95,160/on account of unaccounted income is being confirmed and the assessee gets relief ₹ 31,75,604/.

Summary

Issues:
1. Interpretation of ITAT decision on self-contradictory order of CIT(A)
2. Application of peak theory in determining tax liability

Analysis:

Issue 1:
The appellant challenged the ITAT's decision upholding the CIT(A)'s order regarding unexplained cash deposits and withdrawals. The AO initially added unexplained cash deposits of Rs. 39,70,500, which the CIT(A) reduced to Rs. 7,95,160. The appellant contended that the CIT(A) erred in restricting the addition to the peak cash balance without adequately explaining cash withdrawals. However, the CIT(A) justified the reduction based on the source of the deposits being explained as unsecured loans. The High Court agreed with the CIT(A) and ITAT, stating that once the source of deposit is explained, subsequent withdrawals need not be justified. The Court found no error in the CIT(A)'s decision to limit the addition to Rs. 7,95,160, as supported by the explanation provided by the appellant.

Issue 2:
The second issue involved the application of the peak theory to determine tax liability on unexplained cash deposits. The Revenue argued that the appellant failed to establish a direct link between cash withdrawals and deposits, justifying the AO's original addition of Rs. 39,70,500. However, the ITAT confirmed the CIT(A)'s decision, noting that the appellant provided a satisfactory explanation for each financial transaction, including redeposits. The Court concurred with the ITAT's findings, emphasizing that the appellant's explanations were plausible and no evidence suggested the cash withdrawals were invested elsewhere. Consequently, the Court upheld the decision to limit the addition to Rs. 7,95,160, dismissing the tax appeal for lack of substantial legal questions.

In conclusion, the High Court upheld the decisions of the CIT(A) and ITAT, emphasizing the importance of explaining the source of deposits and accepting plausible explanations for financial transactions. The Court found no errors in restricting the addition to the peak cash balance and dismissed the tax appeal accordingly.