9911796707
|
Home
Issues Involved:
1. Whether the deposit made by the assessee in its NRO bank account is unexplained. 2. Whether the CIT(A) is justified in restricting the addition made u/s 69 of the I.T. Act, 1961 by applying the peak credit theory. Issue 1: Unexplained Deposit in NRO Bank Account The assessee contended that the deposits in the NRO bank account were sourced from withdrawals made from his father's account and his NRE account, which were funded by remittances from Khazakhstan. The AO rejected this explanation, noting gaps between withdrawals and deposits, and added Rs. 45,32,100/- u/s 69 as unexplained income. The CIT(A) applied the peak credit theory and confirmed an addition of Rs. 31,16,600/-. Issue 2: Application of Peak Credit Theory The CIT(A) found merit in the AO's observation that the assessee failed to provide satisfactory evidence for the source of cash deposits. The CIT(A) noted that the remittances were for "financial support" and questioned the availability of funds for deposits months after withdrawals. Despite this, the CIT(A) applied the peak credit theory but did not give credit for withdrawals from the father's account, resulting in a confirmed addition of Rs. 31,16,600/-. Assessee's Argument The assessee argued that the deposits were fully verifiable from the cash flow statement, showing withdrawals from the father's account and remittances from Khazakhstan. The assessee cited several cases to support the claim that the time gap between withdrawals and deposits should not disqualify the explanation if the source is established and not utilized elsewhere. Tribunal's Decision The Tribunal noted that the assessee had not maintained books of account and the onus was on him to explain the withdrawals and deposits. Based on human probability and the pattern of withdrawals and deposits, the Tribunal inferred that the funds were likely used for business purposes. The Tribunal found it reasonable to estimate that deposits to the extent of Rs. 2 lakh might be out of business funds. Conclusion The Tribunal restricted the addition confirmed by the CIT(A) from Rs. 31,16,600/- to Rs. 2 lakh, partly allowing the assessee's appeal and dismissing the revenue's appeal. The order was pronounced in open court on 31.01.2012.
|
