2012 (8) TMI 1033 - AT - Income Tax

Summary

Issues involved: Reduction of addition u/s 41(1) from Rs. 28.30 lakh to Rs. 6.14 lakh.

Summary:
The appeal by the Revenue challenged the order of the Commissioner of Income-tax (Appeals) regarding the assessment year 2007-2008, specifically focusing on the reduction of addition u/s 41(1) from Rs. 28.30 lakh to Rs. 6.14 lakh. The Assessing Officer noted fresh additions to the creditors during the year, leading to the addition. The learned CIT(A) upheld the addition at 10% of total purchases, amounting to Rs. 6,14,124.

Upon hearing the Departmental Representative and reviewing the records, it was observed that the total purchases made by the assessee during the year exceeded the total creditors at the end of the year. As no evidence was presented to refute this finding, it was concluded that no addition u/s 41(1) could be justified unless the creditor amount ceased to exist. Since the addition was already reduced to Rs. 6.14 lakh by the CIT(A) and no appeal was filed by the assessee, the Tribunal upheld the decision, resulting in the dismissal of the appeal.

In conclusion, the Tribunal dismissed the appeal, affirming the decision to reduce the addition u/s 41(1) to Rs. 6.14 lakh.