2002 (9) TMI 795 - AT - Income Tax

Summary

Issues:
- Appeal against deletion of addition on account of excessive shortage

Analysis:
1. Grounds of Appeal: The Department appealed against the CIT(A)'s order deleting the addition of Rs. 5,47,290 made by the Assessing Officer on account of excessive shortage in the rice bran processing account.

2. Assessing Officer's Findings: The Assessing Officer noted that the assessee claimed a shortage of 1.44% in the current year, significantly higher than the 0.47% claimed in the preceding year. The Officer allowed 0.5% as wastage and disallowed the remaining amount, resulting in an addition of Rs. 5,47,290.

3. Contentions Before CIT(A): The assessee argued that they maintained proper books of account, audited and without defects, justifying the claimed wastage. They compared their wastage percentage to a comparable concern's figures for earlier years. The CIT(A) agreed, concluding that the Assessing Officer wrongly applied section 145(1) proviso 2 and deleted the addition.

4. Tribunal's Decision: The Tribunal found the CIT(A)'s decision correct. They observed no defects in the assessee's account books, which were audited and presented for verification. The Assessing Officer failed to provide valid reasons for questioning the claimed wastage or for setting 0.5% as the correct figure. The Tribunal noted that in subsequent years, higher wastage percentages were accepted by the Department, supporting the reasonableness of the 1.44% claimed by the assessee. Thus, they upheld the CIT(A)'s order and dismissed the appeal.