2014 (4) TMI 390 - AT - Income Tax

Difference in valuation of stock Held that - The assessee explained the difference of stock and the difference was on account of stock being valued at MRP instead of at cost - the assessee also produced the purchase bills and invoices - Considering the purchase invoices and bills, the value of stock was reduced to Rs.1.08 crores i.e., by adopting the gross profit rate of 11.5% - the difference in stock was determined at Rs.27 lakhs - what the assessee offered at the time of survey on 30.03.2009 is an income of Rs. 60 lakhs including the difference in stock, contract receipts etc., and not additional income of Rs. 60 lakhs over and above the regular income as alleged by the AP the addition sustained by the CIT(A) more or less is in conformity with the income of Rs. 60 lakhs promised to be offered by the assessee at the time of survey - the conclusion arrived at by the CIT(A) needs no interference Decided against Assessee. Addition on account of contract receipts out of total addition Held that - The contention of the assessee that in sanitary contracts the labour component is major needs to be accepted as most of the time the customer himself purchases the sanitary items - the CIT(A) was not justified in making addition of Rs. 4 lakhs on account of investment in working capital thus, the addition of Rs. 4 lakhs is set aside - the total income offered by the assessee at the time of survey at Rs. 60 lakhs also includes the additional income from difference in stock as well as contract receipt Decided in favour of Assessee.

Issues Involved:
1. Addition to total income due to suppression in value of stock-in-trade.
2. Suppression of income from contract receipts.
3. Determination of unaccounted working capital.

Detailed Analysis:

1. Addition to Total Income Due to Suppression in Value of Stock-in-Trade:

The assessee and the Revenue both contested the addition made due to the difference in the valuation of stock found during a survey. The survey, conducted under section 133A of the Act, revealed discrepancies between the physical stock valued at Rs.1,22,27,890/- and the stock recorded in the books at Rs.81,25,623/-. The assessee admitted to a stock difference and initially offered an additional income of Rs.60 lakhs to cover all discrepancies, including stock differences.

However, during scrutiny, the assessee declared an income of Rs.50,56,572/- in the return, including an additional income of Rs.35 lakhs, which led to a show cause notice from the Assessing Officer. The assessee argued that the stock was initially valued at MRP and not at cost price, and after considering purchase bills, the stock difference was reduced to Rs.27 lakhs. The CIT(A) acknowledged the reduced stock difference and adjusted the additional income to Rs.45,97,377/- from the initially declared Rs.60 lakhs, providing partial relief to the assessee.

The Tribunal upheld the CIT(A)'s decision, stating that the reduction in stock difference to Rs.27 lakhs was justified and the addition sustained by the CIT(A) was in line with the income promised by the assessee during the survey. The Tribunal dismissed the grounds raised by both the assessee and the Revenue on this issue, confirming the CIT(A)'s order.

2. Suppression of Income from Contract Receipts:

The Assessing Officer added Rs.18,76,850/- towards unaccounted contract receipts, which was contested by the assessee, stating that Rs.4 lakhs had already been declared as profit from these receipts. The CIT(A) accepted this but added Rs.4 lakhs towards unaccounted working capital, assuming the assessee invested in purchasing materials for contract work.

The Tribunal found that the income offered by the assessee at the time of the survey included the additional income from contract receipts and that the Rs.4 lakhs declared was sufficient to cover deficiencies. The Tribunal also accepted the assessee's argument that in sanitary contracts, the customer often purchases the materials, and the contractor charges for labor, negating the need for further addition.

Thus, the Tribunal deleted the Rs.4 lakhs addition made by the CIT(A) and dismissed the Revenue's ground for sustaining the Assessing Officer's addition, allowing the assessee's ground on this issue.

3. Determination of Unaccounted Working Capital:

The CIT(A) had directed an addition of Rs.4 lakhs towards unaccounted working capital, which was contested by the assessee on the grounds that no such addition was made by the Assessing Officer and the nature of the business did not require significant working capital investment. The Tribunal agreed with the assessee, stating that the Rs.4 lakhs declared as profit on contract receipts was sufficient and there was no justification for an additional Rs.4 lakhs towards working capital.

The Tribunal directed the deletion of this addition, concluding that the total income offered by the assessee at the time of the survey included all discrepancies, including stock differences and contract receipts.

Conclusion:

The Tribunal partly allowed the assessee's appeal by deleting the Rs.4 lakhs addition towards unaccounted working capital and upheld the CIT(A)'s order on the stock valuation difference. The Revenue's appeal was dismissed in its entirety. The order was pronounced in open court on 02.04.2014.

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