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2009 (9) TMI 30 - HC - Income TaxAdditions on account of increase in weight of gold ornaments and silver ornaments AO made the addition of Rs. 26,85,161 and 49517 ITAT deleted the addition Assessing Officer has made addition in all the assessment years merely on the basis that percentage of alloy being mixed in the pure gold of 24 caret by assessee is shown at 8 to 9% while in general practice, it is upto 20% and the remaining portion of percentage is being retained by the assessee and sold outside books. The contention of the assessee is that whatever gold is being given to the karigars is duly recorded in the books of account and amount of gold/silver ornaments returned by the karigars alongwith increase in weight due to mixing of alloy which is always upto 9% is returned and duly recorded in the books of account - Held that - additions were rightly deleted in each year in respect of increase in weight on account of impurity content in silver/gold ornaments and all the grounds of the department fail on this point
Issues:
- Whether the Income Tax Appellate Tribunal was justified in deleting additions made by the Assessing Officer on account of extra profit due to an increase in weight of gold and silver ornaments without appreciating the facts and material brought on record. Analysis: The case involves an appeal against the Tribunal's order for the assessment year 1999-2000, where the assessing authority had made additions towards extra profit based on allegations of an increase in the rate of gold ornaments given for remaking to the karigars. The Commissioner of Income Tax (Appeals) and the Tribunal both deleted the additions following earlier decisions. The Tribunal emphasized that the Assessing Officer failed to provide concrete evidence to support the additions and did not examine the karigars involved in the process. The Tribunal highlighted that the karigars corroborated the assessee's explanation regarding the increase in weight due to impurity content, and without evidence that the extra weight was appropriated by the assessee, the additions were unjustified. The Tribunal's decision was based on the principle that the additions were rightly deleted in each year concerning the increase in weight of gold and silver ornaments due to impurity content. The Tribunal emphasized that the Assessing Officer did not provide any other comparable cases to support the additions and failed to conduct thorough investigations by examining the karigars involved. The Tribunal upheld the Commissioner of Income Tax (Appeals)'s findings for the assessment years 1996-97 to 1998-99, where similar issues were addressed, and the appeals were disposed of favorably for the assessee. The Tribunal concluded that the Revenue's appeal was based on questions of fact that were already settled by previous decisions and findings of fact. Since the Tribunal followed its earlier decisions for the assessment years without any appeal filed by the Revenue, no substantial question of law arose from the Tribunal's order. Consequently, the appeal was dismissed, affirming the deletion of the additions made by the Assessing Officer.
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