2010 (1) TMI 769 - HC - Income Tax

Addition made on account of excess stock - stock in terms of quantity given to the bank is more than appearing in the books of accounts, and for all other months, the stock as given to the bank was less than the stock as per books of accounts, which would suggest that the purchases were not genuine - Held that - when the books of account or the accounting system has been found to be genuine supported by vouchers, etc. the addition was not justified, stocks are hypothecated and not pledged, which was explained by the assessee and therefore in order to avail higher credit facilities the statement was given, but the stock was with the assessee, and therefore the submissions are misconceived, appeal dismissed.

Issues:
Appeal under s. 260A of IT Act, 1961 regarding deletion of addition of Rs.15,56,571 made on account of excess stock.

Analysis:
The appellant, the IT Department, filed an appeal under s. 260A of the IT Act, 1961, challenging the Tribunal's decision to confirm the order passed by CIT(A) deleting the addition of Rs.15,56,571 on account of excess stock. The appellant argued that discrepancies were found between the stock statement and the details filed by the assessee, indicating non-genuine purchases. The appellant contended that the stock discrepancies, especially in relation to bank statements for credit facilities, suggested false reporting or inaccurate bookkeeping by the assessee. The CIT(A) partially allowed the appeal and directed the deletion of the stock addition, a decision upheld by the Tribunal. The appellant asserted that both the CIT(A) and the Tribunal erred in appreciating the facts and inconsistencies in the stock records, emphasizing the need for genuine purchases to support the stock valuation.

The AO issued a detailed show-cause notice under s. 142(1) of the IT Act, prompting the assessee to provide explanations and supporting documents regarding the stock valuation. The assessee complied by submitting stock registers, books of accounts, and bills for verification. The AO, after thorough scrutiny, made the addition on account of excess stock, a decision challenged by the assessee before the CIT(A) and subsequently the Tribunal. The Tribunal, in its analysis, highlighted that the audited books of accounts had no adverse remarks, and the stock figures were supported by relevant vouchers and bills. It was noted that the AO failed to demonstrate unaccounted purchases or sales outside the books of accounts to discredit the stock valuation. Citing judicial pronouncements, the Tribunal directed the deletion of the stock addition, emphasizing the need for genuine stock valuation supported by proper accounting records.

The appellant contended that the Tribunal erred in placing the burden on the AO to establish the genuineness of sales and failed to consider discrepancies between bank statements and books of accounts. However, the Tribunal's decision was based on accepting the explanation provided by the assessee, acknowledging the genuineness of the accounting system and supporting documents. It was clarified that the stocks were hypothecated, not pledged, and discrepancies in stock statements for credit facilities did not undermine the genuineness of the stock held by the assessee. Ultimately, the High Court declined to interfere with the findings of the CIT(A) and the Tribunal, dismissing the appeal summarily due to lack of merit in challenging the deletion of the stock addition.

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