2022 (1) TMI 422 - AT - Income Tax

Addition of peek cash credits in the bank accounts - unexplained deposits in the assessee s bank accounts - HELD THAT - CIT(A) has given specific finding that there had been constant deposits and withdrawals (from the bank accounts), which took a cyclical pattern - the CIT(A) did not give any consideration to the plea urged by the assessee that profit on the peak amount should be treated as income instead of treating the entire peak amount as income. If the cyclical pattern of the deposits and withdrawals of the bank account were in the nature of business activity, then CIT(A) should have considered the aforesaid plea urged by the assessee. However, this plea has not been examined or considered at all by the Ld. CIT(A). CIT(A) has not given any finding on the assessee s plea that the agricultural income of aforesaid agricultural income should be given credit. We are of the view that these issues deserved to be considered more comprehensively by the Ld. CIT(A), which she failed to do; and instead she proceeded to pass a cryptic appellate order without proper analysis and without due consideration of the relevant facts - we set aside the impugned appellate order of the Ld. CIT(A) with the direction to pass a fresh appellate order in accordance with law, after providing reasonable opportunity to the assessee - Appeal of the assessee is partly allowed for statistical purposes.

Summary

Issues:
Appeal against order of Commissioner of Income Tax (Appeals) for Assessment Year 2013-14 regarding alleged peek cash credits in bank accounts, treatment of agricultural income, and consideration of profit on alleged peek amounts.

Analysis:
(A) The appeal by the Assessee challenges the order of the Commissioner of Income Tax (Appeals) for Assessment Year 2013-14, disputing the addition of alleged peek cash credits in bank accounts. The Assessee contends that the Learned Commissioner erred in confirming the addition of a specific amount while not considering past savings or agricultural income credits.

(B) The assessment order by the Assessing Officer added an amount on account of unexplained deposits in the Assessee's bank accounts. The Commissioner of Income Tax (Appeals) partially deleted and confirmed portions of the addition. The Assessee's appeal highlighted the source of deposits through land transactions and property dealings, seeking consideration for agricultural income and previous capital in cultivation.

(B.1) The Assessee filed an appeal against the Commissioner's order and submitted a detailed "Statement of Facts" outlining the nature of income, property dealings, and bank transactions. The appeal emphasized the need for profit consideration on alleged peek amounts and credit for agricultural income.

(B.2) During the appellate proceedings, various documents were presented by the Assessee, including written submissions, bank statements, property dealing license, and relevant case laws supporting the plea for profit on bank deposits.

(C) The Authorized Representative of the Assessee argued for credit on agricultural income and profit on peak amounts, emphasizing the need for due consideration by the Income Tax Appellate Tribunal (ITAT). The Departmental Representative relied on previous orders.

(D) After hearing both sides and reviewing the records and judicial pronouncements, the ITAT noted the lack of comprehensive consideration by the Commissioner on key issues. The ITAT highlighted the failure to analyze the nature of bank transactions and credit agricultural income adequately.

(E) Consequently, the ITAT set aside the Commissioner's order and directed a fresh order considering the Assessee's claims for agricultural income credit and profit on peak amounts. The ITAT emphasized the importance of a detailed analysis and consideration of facts before passing a new appellate order.

(F) The appeal was partly allowed for statistical purposes, with directions for a fresh order by the Commissioner. The ITAT's decision aimed to ensure a thorough examination of the Assessee's claims and the nature of bank transactions before reaching a final conclusion.