2009 (8) TMI 1206 - HC - Income Tax

Summary

Issues involved: Determination of addition on account of difference between closing stock declared to the bank and closing stock shown in the books of accounts.

Summary:
The Tribunal found that when the closing stock declared in the return was inflated to secure a loan, no addition could be made if there was no discrepancy in the account books. The assessee hypothecated stocks to the bank for credit but maintained physical control over them. The bank did not physically verify the stock. The assessee provided complete documentation to support the stock valuation. The Sales Tax Officer verified the documents and found no discrepancies. The AO did not find any undisclosed sources for stock investment. As there was no evidence of discrepancy in the books of accounts, the Tribunal upheld the CIT(A)'s decision to delete the addition. Citing previous judgments, the Tribunal ruled in favor of the assessee, stating no legal question arose. The appeal by the Revenue was rejected, and the judgment was dismissed.