1999 (12) TMI 883 - AT - Income Tax

Summary

Issues Involved:
1. Deletion of addition of Rs. 39,39,315/- as undisclosed income.
2. Deletion of addition of Rs. 7,33,400/- as unaccounted sales of milk products.
3. Deletion of addition of Rs. 25,80,045/- as suppressed sales of milk products.
4. Determination of gross profit rate.
5. Deletion of addition of Rs. 53,380/- as advertisement expenses.

Issue-wise Detailed Analysis:

1. Deletion of Addition of Rs. 39,39,315/- as Undisclosed Income:
The main dispute revolves around the deletion of the addition of Rs. 39,39,315/- made by the Assessing Officer (AO) as undisclosed income for the block assessment years 1987-88 to 1997-98. The AO inferred that the difference between the total dispatch of sale proceeds from Mumbai to Ashta and the amount deposited in the bank account represented unaccounted money. The Commissioner of Income-tax (Appeals) (CIT(A)) observed that the sales recorded in the computerized books were higher than those in the memo-books, indicating that the amount was already included in the assessee's turnover. The CIT(A) directed the AO to delete the said sum from the computation of undisclosed income, a decision upheld by the Tribunal.

2. Deletion of Addition of Rs. 7,33,400/- as Unaccounted Sales of Milk Products:
The AO identified unaccounted sales of milk products from a seized register, estimating suppressed sales for assessment years 1996-97 and 1997-98. The CIT(A) found no evidence linking the seized register to the assessee and concluded that the sales of milk products were already included in the recorded sales. The CIT(A) scaled down the addition to Rs. 78,900/-, a decision partially upheld by the Tribunal, which directed the AO to compute the undisclosed income based on the gross profit rate.

3. Deletion of Addition of Rs. 25,80,045/- as Suppressed Sales of Milk Products:
The AO added Rs. 25,80,045/- as suppressed sales of milk products based on seized documents. The CIT(A) observed that the alleged unaccounted sales were covered by excess cash sales/credits already included in the assessee's books. The Tribunal affirmed that the income from suppressed sales should be included in the block assessment, not in the regular assessment, upholding the CIT(A)'s decision to delete the addition in the regular assessment.

4. Determination of Gross Profit Rate:
The CIT(A) set aside the issue of determining the gross profit rate to the AO for further inquiry, including the adequacy of the gross profit rate shown by the assessee and the shortage of milk in transit. The Tribunal found no infirmity in the CIT(A)'s decision and upheld the direction to the AO.

5. Deletion of Addition of Rs. 53,380/- as Advertisement Expenses:
The AO disallowed Rs. 53,380/- paid towards advertisements, including a sum for a birthday greeting, deeming it non-business related. The CIT(A) restricted the disallowance to Rs. 30,500/-. The Tribunal found no fault with the CIT(A)'s decision and affirmed the deletion of the remaining amount.

Conclusion:
The Tribunal partially allowed the Revenue's appeal regarding the computation of undisclosed income based on the gross profit rate but dismissed the appeal concerning the deletion of additions for suppressed sales and advertisement expenses. The decisions of the CIT(A) were largely upheld, emphasizing the inclusion of income in the block assessment and the proper recording of sales in the assessee's books.