2013 (11) TMI 1061 - HC - Income Tax

Difference in value of stock Held that - Conclusion drawn by the AO is not based on any verification of stock statement submitted to the bank authorities so as to question the genuineness of books of accounts - The AO had not rejected the books of accounts of the assessee and no resort was made to provisions of Section 145 of the Act - Books of accounts prepared in regular course of business have got presumption of truth whereas no such presumption is available to stock statement furnished to the bank for purpose of availing credit facilities - Reference to physical verification report of the bank being hypothecated stock as per statement furnished by the assessee was not made Decided against Revenue.

Issues:
1. Interpretation of law regarding addition of Rs.7 lakhs made by the Assessing Officer on account of difference in value of stock hypothecated with the bank and reflected in the books of accounts.
2. Evaluation of the correctness of the stock statement supplied to the bank compared to the entries in the books of accounts.
3. Analysis of the Tribunal's decision in confirming the order of the Commissioner of Income Tax (Appeals) deleting the addition made by the Assessing Officer.

Issue 1: Interpretation of Law Regarding Addition of Rs.7 Lakhs:
The case involved a firm deriving income from the sale of tractors and spare parts. The Assessing Officer added Rs.7 lakhs to the taxable income for the assessment year 1981-82 due to a difference in the stock value declared in the books of accounts and the hypothecation statement given to the bank. The Commissioner of Income Tax (Appeals) later deleted this addition. The Tribunal upheld the decision of the CIT(A), leading to a reference to the High Court. The High Court analyzed the facts and circumstances, emphasizing that the Assessing Officer presumed the books of accounts had suppressed sales, whereas the stock statement to the bank was deemed correct without verification. The High Court noted that no rejection of books of accounts occurred, and the presumption of truth attached to books of accounts was not rebutted by evidence from the bank's verification report.

Issue 2: Evaluation of Stock Statement Accuracy:
The Assessing Officer argued that the stock statement submitted to the bank bound the assessee, claiming its genuineness due to regular business checks. In contrast, the assessee contended that the stock statement aimed to secure credit facilities and did not reflect the actual stock position, which was accurately recorded in the books of accounts. The High Court observed that the presumption of truth attached to books of accounts was stronger than that of the stock statement for credit purposes. Without a verification report from the bank on the hypothecated stock, the High Court deemed the Assessing Officer's addition of Rs.7 lakhs unjustified. The Tribunal's decision to delete the addition was upheld based on the lack of concrete evidence supporting the Assessing Officer's presumption.

Issue 3: Tribunal's Decision Confirmation:
After evaluating the contentions of both parties, the High Court found that the Assessing Officer's presumption regarding the stock value discrepancy lacked a factual basis. The High Court emphasized that the Assessing Officer did not verify the stock statement submitted to the bank or reject the books of accounts. The absence of a bank verification report on the hypothecated stock weakened the Assessing Officer's argument. Consequently, the High Court upheld the Tribunal's decision to delete the addition of Rs.7 lakhs, ruling in favor of the assessee and against the revenue. The High Court's analysis focused on the lack of concrete evidence supporting the Assessing Officer's position and the stronger presumption of truth attached to the books of accounts in the absence of contradictory verification.

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