2018 (5) TMI 1595 - AT - Income Tax

Unexplained cash deposits - Determination of income - consider the peak balance of all the seven bank accounts - assessee entitlement to offer income u/s 44AE - Held that - It is not in dispute that the assessee owns less than 10 vehicles and is accordingly entitled to offer income u/s 44AE - Since the income of the assessee is offered u/s 44AE of the Act, there is no need to make addition towards cash deposits when the same were duly explained to be business proceeds. We direct the AO to delete the addition made towards unexplained cash deposits in the bank accounts made on peak credit theory. The repayment of loan to Sundaram finance Ltd were made only in respect of trucks used in the transport business which were purchased out of loan from the said company. The cash withdrawals made from the bank accounts and the cash sales of the assessee from transport business duly explain the source for making repayments to Sundaram finance ltd. Hence there is no need to make any separate addition - Decided in favour of assessee.

Summary

Issues Involved:
- Delay in filing the appeal
- Justification for delay in filing the appeal
- Treatment of undisclosed bank accounts
- Consideration of peak balance of all bank accounts
- Addition of income from undisclosed sources
- Repayment of loan to financial institution
- Adjudication of grounds of appeal

Delay in Filing the Appeal:
The appeal arose due to a delay of 60 days in filing, which the assessee justified by explaining that legal advice from counsel led to waiting for a specific order before appealing. The delay was condoned based on the justified reason provided by the assessee.

Treatment of Undisclosed Bank Accounts:
The primary issue revolved around whether the Commissioner was justified in directing the Income Tax Officer to consider the peak balance of all seven bank accounts of the assessee for determining income. The assessee's explanation regarding the undisclosed bank account and deposits made was crucial in this regard.

Repayment of Loan to Financial Institution:
The assessee clarified that the repayment of the loan to Sundaram Finance Ltd was made from the proceeds of the transport business, and the explanation was accepted by the authorities. The source of repayment was deemed legitimate, and no separate addition was required.

Consideration of Peak Balance of Bank Accounts:
The Commissioner directed the calculation of the peak credit balance of all seven bank accounts to ascertain total deposits made by the assessee. The Tribunal found that the deposits in the bank accounts represented business proceeds and explained sources, leading to the deletion of the addition made towards unexplained cash deposits.

Adjudication of Grounds of Appeal:
The Tribunal analyzed the grounds of appeal raised by the assessee, focusing on the addition of income from other sources, peak credit balance of undisclosed bank accounts, and the overall undisclosed income. The Tribunal allowed the grounds raised by the assessee, directing the deletion of additions made by the Income Tax Officer.

In conclusion, the Tribunal partially allowed the appeal, emphasizing the legitimate sources of income, the explanation provided for bank transactions, and the repayment of loans from business proceeds. The decision highlighted the importance of considering all relevant explanations and justifications provided by the assessee in tax assessments.