2004 (8) TMI 748 - HC - Income Tax

Summary

Issues:
1. Appeal under section 260A of the Income-tax Act, 1961 against the order of the Income-tax Appellate Tribunal for assessment year 1994-95.
2. Assessment of income from trading in plastic granules.
3. Application of section 145(2) of the Act for estimating income.
4. Appeal before the CIT(A) and subsequent appeal before the Tribunal.
5. Verification of stock register and purchases from sister-concern.
6. Disallowance of addition made by the Assessing Officer.

Analysis:

The judgment pertains to an appeal under section 260A of the Income-tax Act, 1961, filed by the Revenue against the order of the Income-tax Appellate Tribunal for the assessment year 1994-95. The assessee-firm derived income from trading in plastic granules and declared total sales for the year. The Assessing Officer raised concerns regarding incomplete details of closing stock and certain purchases made from a sister-concern at inflated rates, resulting in a lower sale price. Consequently, the Assessing Officer applied section 145(2) of the Act and estimated the income by applying a higher GP rate, leading to an addition to the total income.

The assessee appealed before the CIT(A), Ludhiana, who accepted the book version of the assessee and deleted the addition made by the Assessing Officer. However, the Revenue challenged this decision by filing an appeal before the Tribunal. The Tribunal verified the stock register produced by the assessee, which was maintained separately for imported and domestic stock, and found it to be in order. Additionally, the Tribunal examined the purchases from the sister-concern and the corresponding sales, noting a loss incurred by the assessee in the process. Consequently, the Tribunal restored the addition to the extent of the loss suffered by the assessee.

The Tribunal's order indicated that the stock register was thoroughly verified in the presence of the Departmental Representative, addressing the Assessing Officer's objection regarding incomplete details of closing stocks. Furthermore, the Tribunal dealt with the issue of purchases from the sister-concern and disallowed the resultant loss. As a result, the appeal was dismissed, with the court finding no merit in the Revenue's arguments.