Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2024 (11) TMI AT This

  • Login
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2024 (11) TMI 566 - AT - Income Tax


Issues:
Appeal against order by National Faceless Appeal Centre under Income Tax Act, 1961 for Assessment Year 2015-16. Addition of cash deposits under Section 69A. Application of Peak Credit Theory. Dispute over source of cash deposits.

Analysis:

The Appellant filed an appeal against the order passed by the National Faceless Appeal Centre (NFAC) under the Income Tax Act, 1961 for the Assessment Year 2015-16. The issue revolved around the addition of cash deposits under Section 69A of the Act. The Assessing Officer initiated re-assessment proceedings as the Appellant's explanation for cash deposits was deemed insufficient. The Appellant claimed the deposits were from past savings and withdrawals, but lacked documentary evidence. The Assessing Officer added INR 96,00,000 under Section 69A, citing failure to explain the source of cash. The CIT(A) partially allowed the appeal, applying the Peak Credit Theory and reducing the addition to INR 79,53,025, considering it the maximum cash available to the Appellant during the relevant period.

The Appellant contended that the cash deposits were sourced from available cash balance and withdrawals. However, the CIT(A) and Assessing Officer found the Appellant's submissions unsubstantiated. The CIT(A) upheld the addition but limited it based on peak credit theory. The Appellant challenged this decision before the Tribunal, arguing the opening cash balance supported the deposits. The Tribunal noted the lack of supporting documents for the Appellant's claims and remanded the issue back to the Assessing Officer for fresh adjudication. The Appellant was directed to provide necessary documents and evidence to explain the source of cash deposits, failing which the Assessing Officer could decide based on existing records.

In conclusion, the Tribunal allowed the appeal for statistical purposes, remanding the issue of cash deposits back to the Assessing Officer for a fresh decision based on the evidence to be provided by the Appellant. The decision highlighted the importance of substantiating the source of cash deposits and providing supporting documentation in income tax assessments.

 

 

 

 

Quick Updates:Latest Updates