TMI Blog2011 (4) TMI 1434X X X X Extracts X X X X X X X X Extracts X X X X ..... filed return of income on 14-06-2006 declaring total income at ₹ 1,00,030/- from manufacturing and trading of jari. Assessing Officer framed the assessment u/s.143(3) of the Income-tax Act, 1961, wherein he made addition of ₹ 32,83,310/- on account of unexplained bank deposit on substantive basis. In the assessment order Assessing Officer observed that assessee failed to furnish bank statement. Therefore a copy of bank statement was directly obtained from the bank. On perusal of bank statement the AO noticed that assessee has made deposit of ₹ 32,83,310/- out of which ₹ 29,67,725/- were made in cash and remaining amount was through cheques. AO treated the whole credit as appearing in the bank statement as unexplaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the cash was deposited in bank other than Surat city in lieu of unaccounted sales of the assessee for which no explanation was given by the assessee. Finally, the Ld. DR pointed out that profit of such unaccounted business was also not taxed. Since the assessee was not co-operating during the course of assessment proceedings, the entire deposits appearing in the bank account are to be considered as unexplained cash credit in the hands of the assessee. To sum up, Ld. DR contended that addition of ₹ 32,83,310/- made by Assessing Officer be restored. 5. After hearing the Ld. SR-DR we have carefully going through the order of authority below. It is pertinent to note that before Ld. CIT(A) assessee pleaded that the said bank acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... withdrawn the same day of either the same amount or an amount which was almost equal to the deposit. What the AO did was to add the total of all the deposits and treat the resulting figure of ₹ 32,83,310 as the Assessee s undisclosed income. Where there were as many withdrawals as deposits and where the money had been rotated and utilized, the peak theory should have been adopted by the AO for the purpose of determining the income of the Assessee as emerging from such transactions from such activities. The AO is therefore directed to treat the peak balance of the said account as the Assessee s income. A perusal of the details of deposits and withdrawals as furnished by the AR shows that the peak balance was of a sum of ₹ 1,29,1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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