2018 (3) TMI 72 - AT - Income Tax

Addition invoking the provisions of section 145(3) - Held that - CIT(A) has considered all genuine pleadings and reconciliation in right perspective and allowed part relief. The other grounds of reconciliation are bald assertion not supported by any independent and positive evidence. These are simply afterthought which have no weightage in the eyes of law. It is undisputed fact that the books of accounts of the assessee were incomplete as on the date of survey, therefore the same cannot be accepted as such. The provisions of section 145(3) were rightly invoked by the AO. Further, the details with evidences filed by assessee were considered by the CIT(A) and partly accepted. The genuine claims of the assessee as made in reconciliation were accepted and those which were afterthought and unsupported by any positive evidence were rejected. Under these circumstances, in our considered view the part addition so sustained by ld. CIT(A) was justified.

Summary

Issues:
Cross appeals against the order of the ld. CIT(A)-III, Jaipur for the Assessment Year 2012-13 regarding the invocation of section 145(3) of the I.T. Act and addition of excess stock.

Analysis:
1. Issue: Invocation of section 145(3) of the I.T. Act
- The AO invoked section 145(3) based on discrepancies in the trading account prepared during a survey and a surrender made by the Director.
- The ld. CIT(A) partly allowed relief by considering the differences in opening stock and gross profit rate, resulting in the deletion of part of the addition.
- The AO's invocation of section 145(3) was upheld as the books of accounts were incomplete during the survey, justifying the invocation.
- The ld. CIT(A) correctly considered genuine claims supported by evidence and rejected afterthought claims lacking substantiation.

2. Issue: Addition of Excess Stock
- The AO made additions based on discrepancies found in the survey and statements recorded, totaling to &8377; 51,72,923.
- The ld. CIT(A) allowed relief of &8377; 32,37,314 after accepting genuine reconciliation regarding opening stock and gross profit rate differences.
- The remaining amount of &8377; 19,35,591 was considered an afterthought and unsupported by evidence, leading to its confirmation.
- The part addition sustained by the ld. CIT(A) was deemed justified after considering all genuine pleadings and reconciliations.

3. Conclusion:
- Both the assessee's and the Revenue's appeals were dismissed, with the order pronounced on 27-02-2018.
- The judgment upheld the invocation of section 145(3) due to incomplete books of accounts during the survey and accepted genuine claims while rejecting unsupported afterthought claims.
- Relief was granted based on verifiable differences in stock and profit rate, demonstrating a balanced approach by the ld. CIT(A) in addressing the issues raised in the cross appeals.