2016 (1) TMI 120 - AT - Income Tax

Undisclosed bank account of the assessee - CIT(A) allowed partial relief - Held that - Theory of peak credit held making the additions of aggregate deposits in the bank account without giving the benefit of withdrawals made by the assessee from time to time is not justified. The Ld.CITA has rightly treated the peak balance as an unexplained investment made by the assessee in the nature of credits in the said bank account and , therefore, only that addition is only called for. The order of the Learned CITA is, therefore, upheld. - Decided against revenue

Summary

Issues:
Whether the Learned CITA was justified in granting relief of Rs. 45,57,218 out of the total credits in the undisclosed bank account of the assessee.

Analysis:
The appeal arose from the order of the Learned CITA in Appeal No.99/CIT(A)-IV/09-10 for the Asst Year 2007-08 against the assessment order u/s 143(3) of the Income Tax Act, 1961. The issue revolved around the undisclosed bank account of the assessee with ABN Amro Bank, Brabourne Road Branch, Kolkata. The assessee explained that the account was opened by a partnership firm for business transactions. The Learned CITA accepted the contentions and detailed documentation provided by the assessee, acknowledging the transactions as business-related. However, the CITA adopted the peak credit addition method, directing the AO to add only the peak credit of Rs. 2,75,398 and granting relief of Rs. 45,57,218.

The revenue contended that the contents of the bank account were not reflected in the firm's books and that the withdrawals were not proven to be business expenses. The AR supported the CITA's decision, highlighting the comprehensive documentation submitted by the assessee, including bank statements, financials, and an affidavit from the firm confirming the transactions. The AR argued that the peak credit theory was correctly applied by the CITA.

The tribunal found the revenue's contentions factually incorrect based on the records and documentation. The tribunal noted that the peak credit theory was accepted by the assessee as an alternative argument during the first appeal. Referring to legal precedents, including decisions by the Madras High Court and ITAT Kolkata, the tribunal upheld the CITA's decision to adopt the peak credit method. Citing a previous tribunal decision, the tribunal dismissed the revenue's appeal, affirming the relief granted by the CITA.

In conclusion, the tribunal dismissed the revenue's appeal, upholding the relief granted by the CITA based on the application of the peak credit theory. The decision was pronounced on 15/10/2015.