2016 (1) TMI 373 - HC - Income Tax

Bags of Dhania and Chillies lost and damaged by the Railways - ITAT sustaining the valuation of the closing stocks of such goods at the same rate as that of non-damaged goods - Held that - The Commissioner of Income- tax (Appeals) has rightly held the closing stock is to be valued either at the cost price or the market rate whichever is less and accordingly valued closing stock of Chillies and Dhania on the basis of the cost price. - Decided against assessee Value of unexplained excess stocks of Haldi, big cardimum and Mangraila - Held that - Where an assessee is found to be in possession of stocks which were not entered in the account books, the assessee has to explain the nature and source of the stocks and if that is not satisfactorily explained, the value of the stocks can always be treated as assessee s income. We do not find any error in the above view. So far as the addition of ₹ 34,675 is concerned which was added towards unexplained investment in respect of the excess stocks of Haldi, big cardimum and Magraila as the source of investment had not been explained by the assessee. - Decided against assessee

Summary

Issues:
1. Valuation of damaged goods in closing stocks
2. Addition of undisclosed income due to unexplained excess stocks

Issue 1: Valuation of damaged goods in closing stocks
The case involved a reference under Section 256 of the Income Tax Act for the assessment year 1975-76. The Income Tax officer found discrepancies in the valuation of closing stocks of chillies and Dhania by the assessee. The officer valued the stocks higher than the assessee's declared value, leading to additions for under-valuation. The Commissioner of Income-tax (Appeals) reduced the additions but confirmed them partially. The Appellate Tribunal upheld the Commissioner's decision, stating that the stocks should be valued at market price or cost price, whichever is lower. The Tribunal found the Commissioner's valuation justified and did not interfere with the decision.

Issue 2: Addition of undisclosed income due to unexplained excess stocks
The second issue revolved around the addition of undisclosed income amounting to &8377; 34,675 due to unexplained excess stocks of Haldi, big cardimum, and Mangraila. The Income Tax officer was not satisfied with the assessee's explanation regarding these stocks, as the assessee failed to provide sufficient evidence or detailed addresses of the alleged suppliers. The Commissioner of Income-tax (Appeals) affirmed the addition, and the Appellate Tribunal agreed with this decision. The Tribunal emphasized that the burden of proof lay on the assessee to explain the source of excess stocks, and in the absence of satisfactory explanation, the value of the stocks could be treated as undisclosed income. The Tribunal found no error in the decisions of the lower authorities and upheld the addition of &8377; 34,675 as justified.

In conclusion, the High Court upheld the decisions of the lower authorities regarding both issues. The valuation of closing stocks was deemed appropriate by valuing them at the lower of cost price or market rate. Additionally, the addition of &8377; 34,675 as undisclosed income due to unexplained excess stocks was upheld as the assessee failed to provide satisfactory explanations. Therefore, both questions were answered in affirmative against the assessee and in favor of the revenue.