9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (11) TMI 350 - AT - Income TaxGP addition - Survey u/s.133A - CIT(A) deleted the addition - Held that - The GP rate worked out by the A.O. in year under consideration @16.04% which was 23.01% in immediate preceding year. As assessee was maintaining other books i.e. purchase register, sales register, details of manufacturing cash book and ledger etc. & the books of account are audited which has been accepted by the other departments. When A.O. had not brought on record any particular defects in the books of account no reason to intervene in the order of the CIT(A) - in favour of assessee. Addition to stock - CIT(A) deleted the addition - Held that - The discrepancy in stock of Rs.7,65,000/- had been included in the closing stock and credited in the P&L account by assessee - no reason to intervene in the order of the CIT(A) - in favour of assessee. Unaccounted scrap sale - CIT(A) deleted the addition - Held that - Held that - The assessee has included scrap sale in sale of boxes and made part of P&L account of the year under consideration - no reason to intervene in the order of the CIT(A) - in favour of assessee. Disallowance u/s.43B - Held that - PPF amount had been paid within due date of filing return. Therefore, the A.O. is directed to verify the payment - in favour of assessee for statistical purposes.
Issues involved:
1. Deletion of Gross Profit addition 2. Deletion of stock difference addition 3. Deletion of unaccounted scrap sales addition 4. Depreciation claim on boiler 5. Disallowance under section 43B of the IT Act Deletion of Gross Profit addition: The Revenue appealed against the deletion of Gross Profit (GP) addition of Rs.23,86,074. The CIT(A) had deleted the addition, emphasizing that the appellant maintained records and had submitted a detailed reply. The appellant argued that the books of account were reliable, audited, and accepted by other departments. The A.O. did not identify any defects in the books of account. The Tribunal upheld the CIT(A)'s decision, noting that the GP rate was reasonable, and dismissed the Revenue's appeal. Deletion of stock difference addition: The A.O. added Rs.7,65,000 as stock difference found during a survey. The CIT(A) deleted this addition based on entries in the books of account. The Revenue contended that the appellant retracted from the disclosure made during the survey. However, the Tribunal found that the discrepancy in stock was included in the closing stock and P&L account, supporting the CIT(A)'s decision to delete the addition. Deletion of unaccounted scrap sales addition: The A.O. added Rs.3,50,000 on account of unaccounted scrap sales. The CIT(A) deleted this addition as the appellant had included the amount in the income, supported by entries in the books. The Revenue argued that the appellant retracted from the disclosure. The Tribunal found that the scrap sale was included in the P&L account, leading to increased profits. The addition was justified, and the CIT(A)'s decision was upheld. Depreciation claim on boiler: The appellant claimed depreciation on a boiler at Rs.1,00,103, which the A.O. disallowed. The CIT(A) confirmed the disallowance. The Tribunal directed the A.O. to verify the payment of PPF amount within the due date of filing the return, setting aside the matter for further verification. Disallowance under section 43B of the IT Act: The appellant challenged the disallowance of Rs.15,506 under section 43B of the IT Act. The Tribunal dismissed ground 2(a) as not pressed. Ground 2(b was directed at the disallowance under section 43B. The Tribunal remanded the matter to the A.O. for verification and decision according to law. In the combined result, the Revenue's appeal was dismissed, and the Assessee's C.O. was partly allowed.
|
