2023 (2) TMI 527 - AT - Income Tax

Addition on account of peak credit in bank accounts - HELD THAT - CIT(A) has given considerable relief to the assessee without the assessee establishing the existence of any business. The huge deposits and withdrawal in the bank account have permitted to be taken out the ambit of taxation on peak theory and only two peak have been added. In this process the CIT(A) has deleted addition made by the AO. Revenue has not filed any appeal in this regard. In our considered opinion, the assessee has been granted sufficient relief by authorities below and in our considered opinion the assessee does not need any more relief. We affirm the order of the Ld. CIT(A) in this regard. Estimated business profit - assessee has not co-operated and after adding the cash deposits, estimated the income - HELD THAT - We find ourselves in agreement with this proposition that when the Ld. CIT(A) has already granted relief on cash deposits and added only peak credit, there is no justification of further addition of business profit. Hence, we set-aside the order of the authorities below on this issue and decide the issue in favour of the assessee. Appeal of the assessee is partly allowed.

Summary

Issues Involved:
1. Validity of initiation of proceedings under Section 147 and Section 148
2. Proper service of statutory notice under Section 148
3. Independent application of mind by the Assessing Officer (AO)
4. Escapement of income due to cash deposits in bank accounts
5. Validity of reopening under Section 147 without obtaining approval under Section 151
6. Addition on account of peak credit in bank accounts
7. Estimation of business income
8. Addition on account of household withdrawals

Issue 1: Validity of initiation of proceedings under Section 147 and Section 148
The appeal challenged the initiation of proceedings under Section 147 and Section 148, arguing non-compliance with statutory conditions. The Ld. CIT(A) upheld the initiation, stating the reasons had a live link between material and belief formed. The AO's order was deemed valid, and the contention was rejected.

Issue 2: Proper service of statutory notice under Section 148
The contention regarding the absence of proper service of statutory notice under Section 148 was dismissed as not pressed by the assessee.

Issue 3: Independent application of mind by the Assessing Officer
The appeal raised concerns about the AO's order being based solely on recorded reasons without independent application of mind. The Ld. CIT(A) confirmed the AO's order, leading to the rejection of this contention.

Issue 4: Escapement of income due to cash deposits in bank accounts
The case involved cash deposits in bank accounts leading to the reassessment. The Ld. CIT(A) considered the peak credit theory, adding only the peak credit amounts after withdrawals, resulting in the deletion of a significant portion of the addition made by the AO.

Issue 5: Validity of reopening under Section 147 without obtaining approval under Section 151
The contention that the reopening under Section 147 was invalid without proper approval under Section 151 was rejected by the Ld. CIT(A), leading to the confirmation of the reopening.

Issue 6: Addition on account of peak credit in bank accounts
The Ld. CIT(A) confirmed the addition based on peak credit in bank accounts, considering deposits and withdrawals, leading to the deletion of a portion of the addition made by the AO.

Issue 7: Estimation of business income
The AO estimated business income due to non-cooperation of the assessee, which was confirmed by the Ld. CIT(A). However, the appellate tribunal set aside this addition, considering the relief already granted on cash deposits and peak credit.

Issue 8: Addition on account of household withdrawals
The AO made an arbitrary addition on estimates for household withdrawals, which was challenged in the appeal. The appellate tribunal decided in favor of the assessee, setting aside the addition.

In conclusion, the appellate tribunal partly allowed the appeal, addressing various issues related to the validity of proceedings, additions based on cash deposits and peak credit, estimation of business income, and household withdrawals. The tribunal provided relief to the assessee on several grounds, setting aside certain additions made by the AO and the Ld. CIT(A).