9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 746 - AT - Income TaxUnexplained cash deposits - applicability of peak theory - Held that - The source of deposits of ₹ 7,74,000/- by the assessee were from his past capitals, past savings, recoveries from debtors (as proving that assessee showing interest income), withdrawals from the banks during the year and receipts from business. Since we have held above that the all the money deposited amounting to ₹ 29,88,000 in the two bank accounts belong to the assessee, the above explanation regarding source of such deposits thus has to be seen and examined in context of deposit of ₹ 29,88,000. However, we find that there is no finding by the AO in this regard. We therefore, set-aside the matter to the file of the AO to examine a fresh the source of cash deposits in the appellant s bank accounts taking into consideration the above explanation by the ld AR. Where the appellant s is able to provide appropriate explanation to the satisfaction of the AO, the AO will provide appropriate relief to the appellant. In a situation, where the appellant is unable to provide appropriate explanation to the satisfaction of the AO or the AO is not fully satisfied with the appellant s explanation, given the periodicity of deposits and utilisation of such deposits from time to time, the AO is directed to apply the well-accepted peak theory to determine the quantum of additions in the hands of the appellant. - Decided in favour of assessee for statistical purposes.
Issues Involved:
1. Rejection of explanation regarding cash deposits of ?17,90,000 in the assessee's saving bank account. 2. Addition of ?27,81,000 under Section 69 of the Income Tax Act on account of alleged unexplained investment based on the peak theory. 3. Enhancement of the addition to ?29,88,000 by the CIT(A) denying the benefit of the peak theory. 4. Initiation of penalty proceedings under Section 271(1)(c) of the Income Tax Act. Detailed Analysis: Issue 1: Rejection of Explanation Regarding Cash Deposits The assessee explained that the cash deposits of ?17,90,000 were contributions from friends and assistants for obtaining a license for Bhang/Doda Posta shops. The Assessing Officer (AO) summoned these individuals and found discrepancies in their statements and signatures, concluding that they were merely name lenders and could not prove their creditworthiness. The AO added the cash deposits as unexplained income under Section 69 of the Income Tax Act. Issue 2: Addition of ?27,81,000 Under Section 69 The AO computed the peak credit in the assessee's bank account at ?27,81,000 and added this amount to the returned income, citing unexplained investment based on the peak theory. The AO noted that the individuals who allegedly provided the cash could not substantiate their sources of investment, leading to the conclusion that the transactions were not genuine. Issue 3: Enhancement of Addition to ?29,88,000 by CIT(A) The CIT(A) enhanced the addition to ?29,88,000, denying the benefit of the peak theory. The CIT(A) found several contradictions and inconsistencies in the assessee's explanations and concluded that the assessee had not proven the creditworthiness of the alleged creditors. The CIT(A) held that the entire onus was on the assessee to prove the identity, creditworthiness of the creditors, and the genuineness of the transaction. The CIT(A) relied on case laws, including CIT vs. K. Chinnatharmban and Manoj Aggarwal vs. DCIT, to support the decision. Issue 4: Initiation of Penalty Proceedings Under Section 271(1)(c) The AO initiated penalty proceedings under Section 271(1)(c) of the Income Tax Act, which deals with the concealment of income or furnishing inaccurate particulars of income. Tribunal's Conclusion: The Tribunal examined the factual matrix and found that the assessee had not discharged the primary onus of proving the creditworthiness of the four individuals and the genuineness of the transactions. The Tribunal upheld the CIT(A)'s findings that the assessee had not been able to substantiate the sources of the cash deposits. The Tribunal directed the AO to re-examine the source of cash deposits in the assessee's bank accounts, considering the explanation provided by the assessee. If the assessee could provide a satisfactory explanation, appropriate relief should be granted. If not, the AO was directed to apply the peak theory to determine the quantum of additions. The appeal filed by the assessee was allowed for statistical purposes, and the order was pronounced in the open court on 02/12/2016.
|
