2003 (4) TMI 52 - HC - Income Tax

1. Whether Tribunal was correct in upholding the order of the CIT (A) deleting the addition made on account of difference of 4,975.77 quintals of stock of rice and paddy as per bank statement furnished to the bank and as per stock register maintained by the assessee, which accepting the explanation of the assessee and ignoring the deposition of bank official who explained the system of pledge and hypothecation of stock and while ignoring the discrepancies found by the Assessing Officer? - 2. Whether Tribunal was justified in dismissing the appeal filed by the Revenue without considering the facts of the case especially when it was an admitted fact that there existed difference in stock as per bank statement furnished to the bank and the stock register maintained by the assessee ? - No material was produced by the Department to show that the assessee had deliberately over-valued the stock for the purpose of securing higher credit from the bank. Therefore, the so-called discrepancy in the bank statement and the account books could not be made the basis for making additions in the declared income of the assessee

Summary

Issues:
1. Addition of Rs. 8,95,630 on account of difference in stock of rice and paddy.
2. Justification of dismissing the appeal without considering the stock differences.

Analysis:
The case involved an appeal under section 260A of the Income-tax Act, 1961, where the Revenue sought determination of two questions of law. The respondent-assessee, a rice mill operator, filed a return for the assessment year 1989-90, declaring income at Rs. 47,450. The Assessing Officer made an addition of Rs. 8,95,639 due to a difference in the value of paddy shown in the bank statement and books of account. The Commissioner of Income-tax (Appeals) deleted the additions, leading to a challenge by the Revenue before the Income-tax Appellate Tribunal. The Tribunal upheld the Commissioner's order, prompting the Revenue to appeal under section 260A of the Act.

Dr. N. L. Sharda argued that the Commissioner's deletion of additions was illegal, citing discrepancies between bank statements and account books. However, the Court found that the Commissioner's decision was sound. The Court noted that the bank statement discrepancies were adequately explained by the assessee, and the stock valuation discrepancies did not warrant the additions made by the Assessing Officer. The Court emphasized that the Department cannot rely solely on bank statements for stock purposes, ignoring the books of account. The Tribunal's decision was supported by previous judgments, and the Court approved the reasons given by the Commissioner and upheld the decision.

The Court distinguished the case from precedents where deliberate over-valuation of stock was proven, emphasizing that no evidence was presented to show intentional over-valuation by the assessee in this case. Consequently, the Court concluded that no substantial question of law arose in the appeal and dismissed it summarily. The judgment highlighted the importance of providing satisfactory explanations for discrepancies and the need for a comprehensive assessment before making additions to declared income.