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Issues Involved: Application u/s 256(2) of the Income-tax Act, 1961 regarding addition to income based on stock valuation discrepancy.
Summary: The High Court of Allahabad considered an application u/s 256(2) of the Income-tax Act, 1961 concerning the addition of a significant amount to the assessee's income due to a discrepancy in stock valuation. In the assessment year 1968-69, the stock hypothecated with the bank was found to be significantly higher than the stock recorded in the account books. The Tribunal upheld the addition to the income, rejecting the explanation provided by the assessee regarding the stock valuation difference. The contention raised before the Court was that there was insufficient material before the Tribunal to support the addition to the income. However, after careful consideration, the Court found that the Tribunal had thoroughly examined the case and the explanation provided by the assessee. The Tribunal concluded that the burden of proof lay on the assessee to demonstrate that the apparent stock valuation difference was not real, which the assessee failed to do in this case. The Court cited previous decisions to support the Tribunal's decision, emphasizing that such additions to income could be justified based on the circumstances of the case. Ultimately, the Court rejected the application, affirming the Tribunal's decision and concluding that the addition to the income was supported by the material on record. The Court found no grounds to challenge the Tribunal's decision, as it was based on factual findings and did not raise any legal questions. The application u/s 256(2) of the Income-tax Act, 1961 was therefore rejected by the High Court of Allahabad.
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