2011 (10) TMI 670 - AT - Income Tax

Summary

Issues Involved:
1. Validity of the statement u/s 132(4) as evidence.
2. Suppression of sales and its calculation.
3. Applicability of deductions for interest on partners' capital and salary to partners.

Summary:

1. Validity of the statement u/s 132(4) as evidence:
The Tribunal upheld the statement u/s 132(4) of the Income Tax Act, 1961, given by Shri A. Jabir, as legally valid evidence. The statement was found to be voluntary and corroborated by independent evidence, including actual sale transactions and cash discrepancies. The Tribunal noted that "admission is the best form of evidence" and cited relevant case laws to support this view.

2. Suppression of sales and its calculation:
The Assessing Officer (AO) calculated suppressed sales based on the statement of Shri A. Jabir, which indicated that the actual sale rate was twice the billing rate, with usual discounts of 15% to 25%. The Tribunal found no basis for the assessee's claim that the statement was coerced. The Tribunal also noted that the assessee's books did not reflect the correct sale value, corroborated by actual transactions and cash discrepancies. The Tribunal upheld the AO's method of calculating suppressed sales but remanded the issue of bulk sales back to the CIT(A) for further examination.

3. Applicability of deductions for interest on partners' capital and salary to partners:
The Tribunal rejected the assessee's claim for deductions for interest on partners' capital and salary to partners. It noted that these deductions are only allowable with reference to the partnership deed and the books of accounts maintained in the regular course of business. The Tribunal found no merit in the claim as the increased profit from suppressed turnover did not correspond to an increase in partners' capital as per the books.

Conclusion:
The appeals by the assessee were partly allowed for statistical purposes, with specific issues remanded for further examination by the CIT(A). The Tribunal upheld the validity of the statement u/s 132(4) and the method of calculating suppressed sales while rejecting the claim for deductions on partners' capital and salary.