2006 (7) TMI 91 - HC - Income Tax

Assessment of income Alleged that difference of stock was found on the basis of rate intimated by the one of the partner of the firm and the Commissioner of Income tax has rightly sustained the impugned addition Held that allegation was correct

Summary

Issues:
Appeal against Income-tax Appellate Tribunal's order for assessment year 1992-93:
- Justification of confirming addition of income without a speaking order
- Perversity of findings by the Tribunal

Analysis:
The assessee appealed against the Income-tax Appellate Tribunal's decision for the assessment year 1992-93, questioning the justification of confirming an addition of income without a speaking order and considering various arguments, contentions, and evidence. The Tribunal upheld the orders of the tax authorities and found that the difference in stock was discovered based on rates provided by one of the firm's partners. Despite having time to provide correct rates, no discrepancies were raised after the communication of rates to the Assessing Officer. The Tribunal concluded that the Commissioner of Income-tax (Appeals) rightly sustained the addition, passing a well-reasoned order. The Tribunal rejected the grounds raised by the assessee, upholding the decision regarding the addition of income.

During the hearing, the counsel for the appellant requested time to present material allegedly not considered by the Tribunal. However, no such material was submitted. The appellant's counsel argued that expenses on electricity and labor were not considered in confirming the addition. Nonetheless, it was noted that this claim was not made at any previous stage, and therefore, could not be raised before the court. The valuation rates were provided by the partner of the assessee-firm, making any challenge to the assessment baseless. The court found no merit in the appeal and dismissed it, emphasizing that once the valuation assessment was done based on information from the assessee, there was no valid reason to dispute it on grounds of inaccuracy or lack of opportunity to explain.