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2015 (6) TMI 54 - AT - Income TaxUnexplained stock of finished goods - CIT(A) deleted the addition on the basis that the books of account and documents pertaining to survey were not examined by the Assessing Officer as per directions of the ITAT and has simply followed the findings made in the assessment order which was passed under sec. 147/143(3) - Held that - The Learned CIT(Appeals) has also reproduced his predecessor s order wherein it has been mentioned that the books of account were produced before the Assessing Officer during the course of assessment as well as reassessment proceedings; in the course of assessment proceedings, all the information and documents called for by the Assessing Officer were furnished; the books of account were audited by a firm of Chartered Accountants and their report was unqualified, full quantity tally of raw-material, finished goods etc. was maintained; the total turnover declared for the year has been accepted as correct by the Assessing Officer; complete books of account and vouchers for purchases, sales and expenses were maintained; the purchases were made from the dealers registered with the sales-tax department and they were paid for by account payee cheques and the appellant s bank account corroborated this, etc. In absence of conduction of its independent investigation by the Assessing Officer in the matters, as directed by the ITAT, we are thus of the view that the Learned CIT(Appeals) was justified in deleting the additions in question. The same is upheld. - Decided against revenue.
Issues:
1. Challenge to first appellate order by Revenue. 2. Deletion of additions on account of unexplained stock of finished goods. 3. Deletion of additions on account of shortage of finished goods and raw material. 4. Deletion of additions on account of modvat for bogus purchases. Analysis: Issue 1: Challenge to first appellate order by Revenue The Revenue challenged the first appellate order, contending it was erroneous and contrary to facts and law. The CIT(A) had deleted additions totaling Rs. 1,14,95,416 for unexplained stock, Rs. 28,80,609 for shortage of goods, and Rs. 19,88,487 for modvat on bogus purchases. The Revenue argued that the CIT(A) ignored findings and evidence, leading to the appeal before ITAT. Issue 2: Deletion of additions on account of unexplained stock of finished goods The ITAT observed that the Assessing Officer (AO) had not conducted a thorough investigation and relied on incomplete information from other departments. The ITAT directed the matter back to the AO for a fresh examination. The ITAT noted discrepancies in stock assessments and lack of conclusive evidence. The ITAT emphasized the need for proper examination and opportunity for the assessee to be heard. Issue 3: Deletion of additions on account of shortage of finished goods and raw material Similar to the first issue, the ITAT found that the AO had not independently verified the relevant material. The ITAT highlighted the failure of the AO to conduct effective investigations and consider submissions made by the assessee. The ITAT upheld the CIT(A)'s decision to delete the additions due to lack of proper examination by the AO. Issue 4: Deletion of additions on account of modvat for bogus purchases The ITAT reiterated the need for the AO to conduct a comprehensive investigation and consider all relevant aspects before making additions. The ITAT emphasized that the AO's reliance on external sources without proper verification was not sufficient. The ITAT supported the CIT(A)'s decision to delete the additions based on the lack of independent verification by the AO. In conclusion, the ITAT dismissed the Revenue's appeal, upholding the CIT(A)'s decision to delete the additions. The judgment emphasized the importance of independent verification by the AO and proper examination of relevant material before making additions to the assessment.
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