2013 (6) TMI 20 - AT - Income Tax

Reopening of assessment - addition made of credits appearing in three bank accounts of the assessee u/s 68 - Held that - Assessee was not able to file proper information regarding persons from whom purchases were made even then the entire deposits in the bank account cannot be taxed as income of the assessee as in that case theory of peak credit should have been applied. In view of the facts and circumstances the case of the assessee be re- adjudicated by the AO and addition if any on account of deposit in banks be made after considering withdrawals made by the assessee and peak amount after considering withdrawals. In favour of assessee for statistical purposes. As regards interest from M/s Nishan Bearing Co. Pvt. Ltd. vide letter dated 21st December, 2009 assessee had himself admitted that it was omitted to be shown in the computation of income and TDS was also not claimed. Therefore, addition on account of interest was rightly made by the AO. Against assessee.

Summary

Issues involved:
1. Validity of notice u/s 148
2. Addition of credits in UTI Bank account
3. Addition of credits in Punjab National Bank account
4. Addition of cash deposit in Punjab National Bank
5. Treatment of undisclosed bank account deposits as income
6. Addition of interest from Nishan Bearing Co. Private Limited

Analysis:

Issue 1: Validity of notice u/s 148
The appellant challenged the validity of the notice issued u/s 148 by the Assessing Officer. The appellant argued that the ld CIT(A) erred in upholding the decision of the Assessing Officer regarding the notice u/s 148. The appellant contended that the notice was not in compliance with the provisions of sec. 147 and 148 of the Income Tax Act, 1961. However, the Tribunal did not provide detailed analysis on this issue.

Issue 2: Addition of credits in UTI Bank account
The Assessing Officer made an addition of Rs. 1,69,250 on account of deposits in the UTI Bank account. The appellant claimed that these credits represented sale proceeds from business activities. The Tribunal observed discrepancies in the appellant's submissions and the lack of evidence to support the claim. The Tribunal allowed the appellant's argument partially, directing the Assessing Officer to consider withdrawals made by the appellant and calculate the peak credit amount for taxation purposes.

Issue 3: Addition of credits in Punjab National Bank account
Similar to the UTI Bank account, the Assessing Officer added Rs. 2,25,000 on account of deposits in the Punjab National Bank account. The appellant provided explanations for these credits, including cash on hand and borrowed funds. However, the Tribunal found insufficient proof for these claims and upheld the addition made by the Assessing Officer.

Issue 4: Addition of cash deposit in Punjab National Bank
The Assessing Officer added Rs. 40,000 as cash deposit in the Punjab National Bank account. The appellant's explanations regarding the source of funds were not substantiated with evidence, leading to the Tribunal upholding this addition.

Issue 5: Treatment of undisclosed bank account deposits as income
The Tribunal addressed the treatment of undisclosed bank account deposits as income instead of sales. The appellant argued for applying a net profit rate on the deposits, citing a precedent from a previous assessment year. The Tribunal agreed with the appellant's contention and directed the Assessing Officer to re-adjudicate the case considering withdrawals and peak credit amounts.

Issue 6: Addition of interest from Nishan Bearing Co. Private Limited
The Assessing Officer added interest income of Rs. 69,265 from Nishan Bearing Co. Pvt. Ltd. The appellant claimed oversight in declaring this interest income. The Tribunal upheld this addition, considering the appellant's admission of omitting the interest income in the computation.

In conclusion, the Tribunal partly allowed the appeal for statistical purposes, directing the Assessing Officer to re-evaluate the additions in the bank accounts by considering withdrawals and peak credit amounts. The addition of interest income from Nishan Bearing Co. Pvt. Ltd. was upheld.