2011 (3) TMI 594 - HC - Income Tax

Addition on the basis of stock statement submitted to bank - Held that - The stock statement furnished to the bank may be material which may be required to be gone into during assessment but cannot be treated as conclusive. Whether in a given case the stock statement could be accepted as basis for computing the value of the stock depends upon the circumstances of each case - If the assessee is able to show that the statement was given only on estimate basis and value reflected in the books of account was correct, there is no absolute bar to such explanation being accepted - The appeal is dismissed

Summary

Issues:
1. Appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal.
2. Addition to declared income based on value of hypothecated stock.
3. Dismissal of appeal by Tribunal based on precedent.
4. Validity of stock statement in determining value of stock.

Analysis:
1. The appeal was filed by the revenue under Section 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal. The substantial question of law raised was whether the Tribunal was justified in dismissing the appeal by relying on a specific case law, despite differences in the facts of the present case and the cited case.

2. The Assessing Officer had made an addition to the declared income of the assessee based on discrepancies between the value of stock declared to the bank and the value in the books of account. However, the CIT(A) set aside this finding, noting that the stock statement to the bank was on an estimate basis and not conclusive for income computation. The Tribunal upheld this decision, citing a previous judgment.

3. The Tribunal upheld the CIT(A)'s decision based on the judgment in CIT Vs. Sidhu Rice & General Mills, emphasizing that the stock statement to the bank is not conclusive and must be evaluated based on the specific circumstances of each case. The concurrent findings of fact by the CIT(A) and the Tribunal were considered valid, leading to the dismissal of the appeal.

4. The High Court highlighted that the stock statement provided to the bank, though important for assessment purposes, cannot be the sole basis for determining the value of stock. If the assessee can demonstrate that the statement was an estimate and the book value was accurate, such an explanation can be accepted. In the present case, since no perversity was shown in the concurrent findings of fact by the CIT(A) and the Tribunal, no substantial question of law arose, leading to the dismissal of the appeal.