2015 (12) TMI 1282 - AT - Income Tax

Addition on account of excess stock found during the course of survey - CIT(A) deleted the addition - Held that - As agreeing with the view of the Learned CIT(Appeals) that once the surrender during survey was retracted immediately, then it was incumbent upon the Assessing Officer to provide to the assessee the inventory showing the alleged difference in stock and if no such inventory is provided to the assessee then it is not only a violation or principles of natural justice but also casts doubt on the veracity of stock taking itself. There cannot be an automatic addition either on t he basis of statement recorded during survey or on the basis of stock inventory whose copy was never provided to the assessee. In the remand report, the Assessing Officer has not countered the allegations of the assessee that copy of the inventory was not provided to him. Thus concur with the finding of the Learned CIT(Appeals) that additions have been made without following the due process of law and principles of natural justice. The Assessing Officer either in the assessment order or in the remand report, has not revealed the procedure adopted for physically verifying the stock. Keeping these material aspects of the case, Learned CIT(Appeals) has rightly deleted the addition - Decided in favour of assessee

Summary

Issues involved:
1. Deletion of addition of excess stock found during survey
2. Deletion of addition of short stock found during survey
3. Failure to invoke provisions of sec. 250(4) of the Income-tax Act, 1961
4. Alleged errors in the CIT(A) order

Analysis:

Deletion of addition of excess stock found during survey:
The case involved a manufacturing company subjected to a survey operation under sec. 133A of the Income-tax Act, 1961, where discrepancies in stock were noted. The Assessing Officer added the excess stock amount to the total income after the director of the company surrendered the amount as undisclosed income during the survey. However, the CIT(A) deleted the addition, stating that the Assessing Officer did not follow proper procedures for stock verification and failed to provide the inventory showing the alleged difference in stock to the assessee. The CIT(A) emphasized that additions cannot be made solely based on surrendered amounts without proper verification procedures. The Tribunal upheld the CIT(A)'s decision, highlighting the importance of due process and principles of natural justice in such cases.

Deletion of addition of short stock found during survey:
Similarly, the addition of short stock amount was also deleted by the CIT(A) and upheld by the Tribunal. The CIT(A) found that the Assessing Officer did not provide adequate explanation or evidence regarding the procedure adopted for physically verifying the stock. Without proper documentation and verification processes, the Tribunal agreed that the addition of short stock as undisclosed income was not justified.

Failure to invoke provisions of sec. 250(4) of the Income-tax Act, 1961:
The issue of the CIT(A) not invoking sec. 250(4) was raised by the Revenue. However, the Tribunal did not find it necessary to address this issue separately as the main focus was on the deletion of the additions related to excess and short stock found during the survey.

Alleged errors in the CIT(A) order:
The Revenue challenged the CIT(A) order on various grounds, including the voluntary surrender made by the director during the survey. The Revenue argued that the surrender should have been considered as undisclosed income. However, the CIT(A) and the Tribunal emphasized the importance of proper procedures, evidence, and adherence to principles of natural justice in such cases. The Tribunal dismissed the appeal and cross objection, upholding the CIT(A)'s decision to delete the additions in question.

In conclusion, the Tribunal upheld the CIT(A)'s order, emphasizing the significance of following due process, providing proper documentation, and ensuring fairness in tax assessments related to stock discrepancies found during surveys.