2012 (10) TMI 176 - AT - Income Tax

Unaccounted excess stock - CIT(A) deleted the addition - Held that - As borne out from the record that the stock of gold mentioned in the approval memos were found at the premises of the assessee and at the time of survey the entire stock was inventorised. Whatever the excess stock was found the same was surrendered by the assessee. Thus no reason for further addition of Rs..4,64,139/- was called for. Thus, the finding given by the CIT(A) is based on correct appreciation of facts and we do not find any reason to deviate from the same - aginst revenue. Addition on account of estimated profit on basis of seized documents from search/survey operation from office of Anoopchand group - Held that - CIT(A) has given the benefit of estimated income to be set off against unaccounted investment in stock-in-trade which cannot be disturbed as no other unaccounted investment was found in the course of survey and the undisclosed income can be set off against unaccounted stock found which has been surrendered by the assessee at the time of survey following the decision reported in Anantram Veerasinghaiah & Co. Vs. CIT, 1980 (4) TMI 2 - SUPREME COURT - in favour of assessee.

Summary

Issues:
1. Addition of Rs. 4,64,139 as unaccounted excess stock
2. Addition of Rs. 5,46,322 on estimated profit basis

Analysis:
1. The appellant department challenged the CIT(A)'s deletion of the addition of Rs. 4,64,139 as unaccounted excess stock. The assessee, engaged in gold ornament manufacturing, had surrendered excess stock during a survey. The Assessing Officer added the value of stock from impounded memos, which the assessee argued were for approval only. The CIT(A) noted that the impounded memos were covered by the additional income offered for unaccounted stock, thus deleting the addition. The ITAT upheld the CIT(A)'s decision, stating that no further addition was warranted as the excess stock had already been surrendered.

2. The second issue involved the addition of Rs. 5,46,322 on the basis of estimated profit from job work for a specific jeweler. The Assessing Officer relied on loose papers found at the jeweler's premises. The CIT(A) allowed the estimated income to be set off against unaccounted investment in stock-in-trade. The ITAT upheld the CIT(A)'s decision, citing judicial precedents, including the Supreme Court case of Anantram Veerasinghaiah & Co. Vs. CIT, that undisclosed income can be set off against undisclosed investment. As no other unaccounted investment was found, the CIT(A)'s decision to telescope the undisclosed income from undisclosed stock was upheld.

In conclusion, the ITAT dismissed the department's appeal, affirming the CIT(A)'s decisions on both issues. The first addition was deemed unnecessary as the excess stock had already been surrendered, and the second addition was allowed to be set off against unaccounted investment in stock-in-trade, in line with established legal principles and precedents.