2011 (1) TMI 1408 - AT - Income Tax

Summary

Issues involved: The judgment involves two main issues: 1. Deletion of addition on account of suppressed profits from unrecorded sale, and 2. Additions made u/s. 68 of the Income Tax Act.

Deletion of addition on account of suppressed profits from unrecorded sale:
The appeals filed by the Revenue were against the order of the CIT(A), I Nagpur for the assessment years 2002-03 to 2004-05. The first issue related to the deletion of addition made on account of suppressed profits from the unrecorded sale. The Tribunal had previously decided in favor of the assessee in similar cases. The Ld. Counsel for the Revenue argued that the assessee admitted to the suppression of sales but retracted the statement later. However, there was no supporting seized material to substantiate the suppressed sales or profits. The Tribunal noted that extrapolation of suppressed sales to an assessment year based on seized data for a different year is not legally permissible. The Tribunal referred to previous orders and case law to support its decision. Ultimately, the Tribunal found no incriminating material to support the Revenue's allegations of sales suppression for the years in question, and thus, ruled in favor of the assessee.

Additions made u/s. 68 of the Income Tax Act:
The second issue pertained to additions made u/s. 68 of the Income Tax Act. The Ld. Counsel requested that this issue be sent back to the Assessing Officer (A.O) for fresh consideration, citing similar cases where such additions were set aside by the Tribunal. The Tribunal agreed to set aside this issue to the files of the Revenue for reevaluation, directing the Ld. Counsel to provide copies of relevant Tribunal orders for the A.O's reference. Consequently, the grounds raised in the appeal of the Revenue regarding u/s. 68 additions were set aside.

Judgment Outcome:
In conclusion, ITA No. 1771/PN/07 was partly allowed, ITA No. 1772/PN/07 was allowed for statistical purposes, and ITA No. 1773/PN/07 was partly allowed. The order was pronounced in the open court on the 7th day of January, 2011.