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2004 (1) TMI 40 - HC - Income TaxFinding of Tribunal cogent reasons for reducing the additions - Whether the finding of the Tribunal confirming an ad hoc addition of Rs. 1,50,000 out of Rs. 2,00,000 made by the Assessing Officer on account of alleged excess stock was perverse and without any material to support the finding? - Tribunal ought to have examined the matter as to why it would like to interfere and reduce the amount of Rs. 2 lakhs to Rs. 1.5 lakhs or ought to have arrived at a conclusion that addition is not required to be made - After holding that the Assessing Officer had not given the basis for arriving at the estimate of Rs. 2 lakhs it committed the same error by ordering an ad hoc addition of Rs. 1.5 lakhs, without any cogent reasons or basis. Such a finding, which is without any basis amounts to a perverse finding.
Issues involved:
Consideration of perversity in confirming ad hoc addition of Rs. 1,50,000 out of Rs. 2,00,000 made by the Assessing Officer regarding alleged excess stock. Detailed Analysis: The High Court admitted the case for consideration of whether the finding of the Income-tax Appellate Tribunal confirming an ad hoc addition of Rs. 1,50,000 out of Rs. 2,00,000 made by the Assessing Officer on account of alleged excess stock was perverse and lacked supporting material. Both counsels requested the matter for final hearing, and the paper book was dispensed with. The Assessing Officer's order and the Tribunal's decision were reviewed. The Assessing Officer added Rs. 2 lakhs to the stock investment due to instances of order forms converted to bills after a search, while the Tribunal reduced it to Rs. 1.5 lakhs. The Tribunal upheld the addition due to lack of reconciliation of excess stock with customers by the assessee, but criticized the Assessing Officer for not providing a complete basis for the estimate. The Tribunal's decision to reduce the addition to Rs. 1.5 lakhs without clear reasons was deemed as a perverse finding by the High Court. The High Court noted that the Tribunal should have either justified the reduction from Rs. 2 lakhs to Rs. 1.5 lakhs with cogent reasons or concluded that no addition was necessary. The matter was deemed to require remand back to the Tribunal, with the Revenue arguing for quantification only, while the appellant contended that no addition was necessary as all declared transactions were accepted. The High Court refrained from delving into this aspect, leaving it for the Tribunal to decide based on legal principles and evidence. The Tribunal was granted the discretion to remand the matter to the Assessing Officer if deemed appropriate. In conclusion, the High Court found the Tribunal's decision lacking in providing a proper basis for the reduction of the addition, deeming it a perverse finding. The matter was directed to be remanded back to the Tribunal for further consideration, with the Tribunal having the authority to remand it to the Assessing Officer if necessary. The High Court's order was to be provided dasti under the court master's signature.
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