2018 (10) TMI 1744 - HC - Income Tax

Addition on account of discrepancy in the stock, as per the books of account of the assessee and that shown in the bank statements - HELD THAT - Sole ground for making the addition was difference between the accounts maintained by the assessee and the stock statement filed with the Bank. It was noted that the stock statements filed with the Bank pertain to the months of April to August, whereas, the survey took place in the month of September. It was also noticed that the tendency to show higher value in the bank statements to enjoy higher cash credit limit. The entire issue is thus based on facts duly appreciated by the CIT A and the Tribunal. No question of law arises. Addition on the strength of entries made in the diaries seized during the survey operation - HELD THAT - CIT A and the Tribunal concurrently held that these entries pertain to one Shri Rajesh P Patel and not the assessee. The said Rajesh P Patel had also confirmed this during his examination. He had also filed an affidavit in support thereof. Such being the position, no question of law arises.

Summary

Issues:
1. Discrepancy in stock statements and bank records
2. Deletion of addition due to stock statement discrepancy
3. Discrepancy in purchases and sales figures
4. Addition based on transactions in a pocket diary

Issue 1: Discrepancy in stock statements and bank records

The appeal concerns the addition of a sum of &8377; 1.59 crores by the Assessing Officer due to a discrepancy in stock between the assessee's books and bank statements. The CIT [A] partially upheld the addition, retaining only &8377; 19.46 lakhs and deleting the rest. The Tribunal further removed the remaining amount, noting no difference in physical stock and the account stock on the survey date. The addition was based on discrepancies between the assessee's accounts and stock statements submitted to the bank. The Tribunal observed the stock statements were for months preceding the survey, indicating an attempt to inflate bank statements for higher credit limits. The issue is factual and was duly considered by the CIT [A] and Tribunal, with no legal question arising.

Issue 2: Deletion of addition due to stock statement discrepancy

This issue is intertwined with the first question and does not require separate discussion.

Issue 3: Discrepancy in purchases and sales figures

The third question involves the deletion of a &8377; 7.48 crore addition by the Assessing Officer based on entries in seized diaries during a survey. Both the CIT [A] and Tribunal found the entries belonged to a different individual, Shri Rajesh P Patel, not the assessee. Rajesh P Patel confirmed this during examination and provided supporting affidavits. As such, no legal question arises from this factual position.

Issue 4: Addition based on transactions in a pocket diary

The final issue concerns the addition of &8377; 44.26 lakhs due to transactions in a pocket diary found during the survey, with the assessee failing to explain them. The circumstantial evidence of the diary was not considered, leading to the addition. However, the Tribunal's decision to dismiss the Tax Appeal indicates that no legal question was found in this matter.

In conclusion, the High Court dismissed the Tax Appeal as no legal questions arose from the issues raised by the Revenue against the decisions of the CIT [A] and Tribunal. The judgment focused on factual discrepancies in stock statements, purchases and sales figures, and transactions in a pocket diary, with the courts finding no legal errors in the decisions made.