1985 (7) TMI 36 - HC - Income Tax

Summary

Issues Involved:
1. Material evidence for the conclusion of suppressed stock.
2. Justification for including the sum as 'income from undisclosed sources'.
3. Applicability of section 40A(3) regarding the purchase of diesel.

Summary:

Issue 1: Material Evidence for Suppressed Stock
The Tribunal concluded that the diesel worth Rs. 14,026 recorded on July 4, 1970, represented suppressed stock. The assessee's explanation that the diesel was purchased from various private parties to meet temporary scarcity was not accepted due to lack of verifiable purchase vouchers. The Tribunal upheld the Income-tax Officer's inference that the stock was gradually built up and the payment recorded on July 4, 1970, did not explain the acquisition source.

Issue 2: Income from Undisclosed Sources
The Tribunal justified including the sum of Rs. 14,026 in the total income of the assessee-firm as 'income from undisclosed sources'. It was determined that the timing and source of the diesel acquisition remained unproved and unexplained, thus supporting the Revenue's position.

Issue 3: Applicability of Section 40A(3)
The Tribunal held that the purchase of diesel worth Rs. 14,026 recorded on July 4, 1970, was 'an expenditure' within the meaning of section 40A(3) of the Income-tax Act, 1961. The Tribunal rejected the assessee's contention that 'expenditure' does not include purchase, interpreting 'expenditure' as having a wide import that includes payments made for purchases. This interpretation was supported by various High Court rulings, including those from Orissa, Allahabad, Punjab & Haryana, and Kerala High Courts, which held that 'expenditure' in section 40A(3) covers payments for stock-in-trade and raw materials.

Conclusion:
The Tribunal's decision was affirmed, and question No. 3 was answered in the affirmative, in favor of the Revenue. Consequently, questions No. 1 and 2 were deemed unnecessary to answer, as the amount involved would not be deductible under the head 'Profits and gains of business or profession'. The reference was disposed of with each party bearing its own costs.