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2014 (12) TMI 348 - ITAT AHMEDABADUnexplained investment u/s 69 confirmed - Unexplained stock found during survey Held that:- CIT(A) has rightly directed to consider the figure of opening stock while working out the opening stock as on the date of survey for the purpose of calculating the excess stock as per the books of accounts of the assessee at the time of survey, and opening stock of relevant year was only ₹ 6,94,502/- and not ₹ 24,12,412/- as mentioned in the grounds of the appeal of the Revenue - The opening stock of current year in which the survey operation was conducted by the department, has to be considered for the purpose of working out the opening stock of the assessee, as on the date of survey, for determining the excess stock as per the account books of the assessee as on the date of survey, and accordingly, there is no mistake in the order of the CIT(A) on this issue, in directing the AO to take opening stock of current year and work out the excess stock as per the books of accounts of the assessee as on the date of survey, and there being no mistake in the order of the CIT(A) on the issue, it is being upheld Decided against revenue. Mistake in totaling and addition in amount of Heena Fabrics Held that:- The issue regarding totaling mistake of ₹ 1,03,406/- and addition of amount of Heena Fabrics of ₹ 50,895/- was not adjudicated by the CIT(A) thus, the matter is remitted back to the CIT(A) for adjudication Decided in favour of assessee.
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