Peak Cash
Credit – A Fair Method to Determine Unexplained Cash Under the Income-tax Act
The concept of
Peak Cash Credit is a judicially recognised method used by tax authorities and
courts to determine the real unexplained income where there are multiple cash
deposits and withdrawals, especially in unrecorded bank accounts or cash books.
Although the Income-tax Act does not expressly mention this concept, courts
have consistently upheld it as a logical and equitable rule of evidence.
Why Peak
Credit?
In many
assessments under sections 68, 69, 69A and related provisions, the same cash is
withdrawn and re-deposited repeatedly. If the Revenue adds every deposit as
unexplained, it results in double or multiple taxation of the same circulating
cash. Peak Credit prevents this distortion.
The method
identifies the highest unexplained balance (the peak) in a running cash or bank
account, assuming earlier withdrawals could have funded later deposits. This
peak balance reflects the maximum actual unexplained investment at any point of
time.
Judicial
Support – Verified Case Law
The principle
is now firmly grounded in jurisprudence:
CIT v. Kulwant
Rai (2007) 291 ITR 36 (Delhi High Court)
The Court held
that where the assessee establishes a pattern of deposits and withdrawals in a
running account, the Revenue must adopt the peak credit instead of taxing each
deposit.
CIT v. Sharraf
Trading Co (Kerala High Court)
The Court
accepted that if rotation of the same funds is evident and a nexus is shown,
only the peak balance represents the real unexplained amount.
Multiple ITAT
rulings have followed these judgments, applying peak theory wherever the cash
flow indicates recycling of funds.
When Peak
Theory Applies
There is a
running account with continuous deposits and withdrawals.
Withdrawals and
later deposits are part of the same cycle.
A reasonable
nexus between them is demonstrated.
The Revenue
cannot prove that withdrawals were used elsewhere.
When Peak
Theory Does Not Apply
Peak credit may
be rejected when deposits represent fresh funds, where no link exists with
withdrawals, or where withdrawals were clearly used for another purpose.
Continuing
Relevance
Even after the
introduction of section 115BBE (higher tax rate for unexplained income), the
method of determining the quantum of unexplained cash remains governed by peak
theory. Section 115BBE affects the rate, not the computation method.
Conclusion
Peak Cash
Credit is a judicial tool of fairness that ensures only actual unexplained
income is taxed, preventing repeated taxation of circulating funds. While
beneficial to taxpayers, its application requires demonstrating a consistent
pattern of rotation and a clear link between deposits and withdrawals.
AI Generated Precautions to Be Taken by Professionals (Summary)
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Prepare a complete cash-flow or bank-flow statement to demonstrate rotation of funds.
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Establish a clear nexus between withdrawals and subsequent deposits.
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Maintain chronological reconstruction of transactions to identify the correct peak.
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Ensure withdrawals were not used for unrelated purposes; otherwise, peak theory may fail.
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Document all explanations and working papers to substantiate the claim before the AO or CIT(A).
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Highlight relevant judicial precedents during representation.
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Reconcile discrepancies between books and bank accounts to avoid adverse inference.
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Avoid multiple accounts with unlinked cash flows, which weaken the peak claim.
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Maintain consistency—do not shift between different explanations for different periods.
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Prepare alternative submissions (peak computation + telescoping) when beneficial.
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