IN INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON BLE ACCOUNTANT MEMBER ITA No. 107/VIZ/2019 (Asst. Year : 2009-10) Prabhakar Duggirala, vs. DCIT, Circle-1(1), D.No. 11-9-6, Plot No. 90A, Visakhapatnam. Daspalla Hills Layout, Visakhapatnam. PAN No. AAKPD 5893 N (Appellant) (Respondent) Assessee by : Shri C. Subrahmanyam, FCA. Department By : Shri P.Sirnivasa Murthy, Sr.DR Date of hearing : 18/07/2019. Date of pronouncement : 30/08/2019. ORDER PER V. DURGA RAO, JUDICIAL MEMBER This appeal by assessee is directed against order of Commissioner of Income Tax (Appeals)-6, Hyderabad, dated 15/01/2016 for Assessment Year 2009-10. 2. Facts of case, in brief, are that assessee is individual engaged in business of consultancy and transport carriers, filed his return of income by declaring total income of Rs.18,62,950/-. return field by assessee was processed u/sec. 143(1) and thereafter selected for scrutiny under CASS and 2 ITA No.107/VIZ/2019 (D. Prabhakar) after following due procedure, assessment was completed u/sec. 143(3) of Income Tax Act, 1961 (hereinafter referred to as 'Act'). In assessment order, Assessing Officer has noted that during scrutiny proceedings, AR of assessee produced details of cash deposits and withdrawals from bank accounts. After examination of evidence, there is reason to believe that cash deposits of Rs. 4,50,000/- on 12/01/2009 has no satisfactory explanation. Cash drawn of Rs.1,20,000/- two days before is accepted but balance of Rs.3,30,000/- is proposed to be added back to income of assessee as unexplained. For deposit of Rs. 4,50,000/- on 24/11/2011 there are withdrawals of Rs. 1,51,000/- (Rs. 50,000 + Rs. 60,000 + Rs. 41,000) but no explanation is forthcoming for Rs. 2,99,000/- deposits, therefore same is added back to total income of assessee. In same way, deposit of Rs.2,00,000/- on 27/11/2011 is unexplained and is proposed to be added to income of assessee. Accordingly, Assessing Officer has made total addition of Rs. 8,29,000/- (Rs. 3.30 lakhs + 2.99 lakhs +Rs. 2.00 lakhs). 3. On appeal, ld. CIT(A) confirmed order of Assessing Officer. 3 ITA No.107/VIZ/2019 (D. Prabhakar) 4. Before us, ld. AR has submitted that assessee is having savings bank accounts in Punjab National Bank, HDFC Bank & HSBC Bank. Cash deposits made in Punjab National Bank are withdrawals from other banks and submitted that same may be considered and peak addition may be made. 5. On other hand, ld.DR relied on orders of authorities below. 6. We have heard both sides, perused material available on record and orders of authorities below. 7. We find that Assessing Officer has made addition of Rs. 3.30 lakhs on ground that assessee has deposited amount of Rs. 4.50 lakhs on 12/01/2009, but only explained source to tune of Rs. 1.20 lakhs, therefore difference amount of Rs. 3.30 lakhs was added back to assessee s income as unexplained. Another addition made by Assessing Officer on ground that assessee has deposited Rs.4.50 lakhs on 24/11/2011, but only explained source to extent of Rs.1.51 lakhs, therefore difference amount of Rs. 2.99 lakhs was added back to assessee s income as unexplained. Another deposit of Rs. 2.00 lakhs was made by assessee on 27/11/2011, no satisfactory explanation is given, therefore same is added back to assessee s income. Before us, ld.AR 4 ITA No.107/VIZ/2019 (D. Prabhakar) submitted that assessee is having three SB accounts. Withdrawals made by assessee from other banks and deposited in Punjab National Bank and therefore prayed that peak addition may be made. assessee has not filed details of bank accounts before us. We find that if explanation given by assessee is correct that withdrawals made by assessee from other banks of his own and same are deposited in Punjab National Bank, same may be considered and peak addition may be made after verifying details of other bank accounts. Accordingly, we set aside order of ld. CIT(A) and direct Assessing Officer to pass assessment order de novo as directed above. Thus, this appeal filed by assessee is allowed for statistical purpose. 8. In result, appeal filed by assessee is allowed for statistical purpose. Order Pronounced in open Court on this 30th day of August, 2019. Sd/- sd/- (D.S. SUNDER SINGH) (V. DURGA RAO) Accountant Member Judicial Member Dated: 30 t h August, 2019. vr/- 5 ITA No.107/VIZ/2019 (D. Prabhakar) Copy to: 1. Assessee Prabhakar Duggirala, D.No. 11-9-6, Plot No. 90A, Daspalla Hills Layout, Visakhapatnam. 2. Revenue DCIT, Circle-1(1), Visakhapatnam. 3. Pr.CIT-1, Visakhapatnam. 4. CIT(A)-6, Hyderabad. 5. D.R ., Visakhapatnam. 6. Guard file. By order (VUKKEM RAMBABU) Sr. Private Secretary, ITAT, Visakhapatnam. Prabhakar Duggirala v. DCIT, Circle-1(1), Visakhapatnam