2017 (5) TMI 1405 - HC - Income Tax

Addition made on account of sale of rice out of books - investment in stock out of undisclosed sources - Addition towards investment in stock of wheat purchased out of books - ITAT deleted the addition - Held that - On perusal of the impugned judgment and order of the Tribunal reveals that the assessee has maintained the books of accounts in accordance with the prescribed standard as per Section 145 of the Act . The account books have not been rejected by the assessing officer. In view of the above, the Tribunal formed an opinion where once the account books are expected to be maintained in the prescribed accounting standard, the assessing officer could not have made any additions towards the sale of rice treating it to be outside the books of accounts or towards investing in stock of rice and wheat outside the books of accounts. The controversy as raised above in this appeal stands duly covered by the Tribunal and it cannot be said that any investment was done beyond the books of accounts. - Decided in favour of assessee.

Summary

Issues Involved:
1. Deletion of additions made on account of sale of rice out of books for investment in stock from undisclosed sources.
2. Deletion of additions made towards investment in stock of wheat purchased out of books.

Analysis:

Issue 1: Deletion of additions on account of sale of rice out of books for investment in stock from undisclosed sources.
The High Court addressed whether the Tribunal was justified in deleting the additions of ?30,73,542 made for the sale of rice and ?28,76,125 for investment in stock from undisclosed sources. The Court noted that the assessee maintained books of accounts in compliance with the prescribed standards under Section 145 of the Act, which were not rejected by the assessing officer. The Tribunal opined that once the account books were maintained as per the prescribed standard, the assessing officer could not make any additions related to the sale of rice or investment in stock of rice and wheat outside the books of accounts. The Court found that the controversy raised in the appeal was adequately covered by the Tribunal's decision, concluding that no investments were made beyond the books of accounts. Consequently, the Court dismissed the appeal, stating that the questions raised did not require further adjudication.

Issue 2: Deletion of additions towards investment in stock of wheat purchased out of books.
The second issue involved the deletion of additions amounting to ?27,84,611 made for investment in stock of wheat purchased outside the books. The Court's analysis and decision on this issue aligned with the first issue, emphasizing that since the account books were maintained in accordance with prescribed standards and not rejected by the assessing officer, any additions related to investments in stock outside the books were not justified. The Court reiterated that the Tribunal's decision adequately covered the matter, confirming that no investments were made beyond the books of accounts. Consequently, the Court dismissed the appeal, emphasizing that the questions raised did not necessitate further consideration.

In conclusion, the High Court upheld the Tribunal's decision to delete the additions made on account of the sale of rice and investment in stock of wheat purchased outside the books of accounts. The Court emphasized the importance of maintaining books of accounts in accordance with prescribed standards and ruled that the assessing officer could not make additions based on transactions conducted within the books. The judgment highlighted the significance of adherence to accounting standards and affirmed the Tribunal's findings, ultimately dismissing the appeal.