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2015 (10) TMI 1612 - AT - Income TaxAdditions made on account of shortage of 830 quintal of maize and 507 quintal of wheat - CIT(A) delted the addition - Held that - The assessee has filed the complete quantitative and qualitative details of stock tally before the AO, before CIT(A) and even now before us. We find that there is no difference in the total quantity of stock in term of quantity and quality. In such circumstances, we do not want to interfere in the order of CIT(A), which is based on facts and shortage claimed by the assessee is very much within the reasonable limit i.e. 0.7%. The shortage is within the parameter laid down by government organization like FCI. The shortage is due to transit loss and loss of moisture. In term of the above, we confirm the order of CIT(A) and consequently, this issue of revenue s appeal is dismissed. - Decided in favour of assessee.
Issues:
- Appeal by revenue against CIT(A)'s order deleting additions made on account of shortage of maize and wheat. Analysis: Issue 1: CIT(A) deleting additions for shortage of maize The revenue challenged CIT(A)'s decision to allow the claim of shortage of 830 quintals of maize without proper evaluation. The AO had added the shortage amount to the income, questioning the transactions directly between parties without storage necessity. The assessee explained the shortage due to transit and moisture loss. The CIT(A) found the shortage within reasonable limits of 0.7% and based on complete books of account, deleted the addition. The ITAT upheld CIT(A)'s decision, noting no defects in the books, and confirmed the shortage was reasonable, dismissing the revenue's appeal. Issue 2: CIT(A) deleting additions for shortage of wheat Similarly, the revenue contested CIT(A)'s deletion of the addition for 507 quintals of wheat shortage. The AO added the undisclosed sales consideration for the balance quintals of wheat and maize. The CIT(A) found no discrepancy in the stock details provided by the assessee and deleted the addition based on the reasonable 0.7% shortage due to transit and moisture loss. The ITAT upheld CIT(A)'s decision, stating the shortage was within acceptable limits and dismissing the revenue's appeal. Conclusion: The ITAT Kolkata upheld the CIT(A)'s decision to delete the additions made by the AO for the shortage of maize and wheat. The tribunal found the explanations provided by the assessee reasonable, with the shortage falling within acceptable limits. The ITAT dismissed the revenue's appeal, confirming CIT(A)'s order based on the complete books of account and lack of defects pointed out by the AO.
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