2018 (7) TMI 1405 - AT - Income Tax

Addition on account of unsubstantiated claim of wastage - Held that - As noticed that the assessee has furnished quantitative details of each gram of raw gold issued to goldsmiths for getting gold ornaments manufactured. The confirmation letters and ledger account copies of the goldsmiths have also been filed. The Assessing Officer has been unable to point out any mistake in these records. The books of accounts are audited and quantitative details are certified by the auditors. The Assessing Officer has not rejected the books of accounts before making such ad hoc addition that too without bringing any clinching evidence against the assessee. This fact is also not disputed that in the preceding years also the assessee has claimed similar type of wastage of almost around same per centage which has been accepted by the revenue authorities also. - decided against revenue

Summary

Issues involved:
- Deletion of addition on account of unsubstantiated claim of wastage in gold production.

Analysis:
1. The appeals and cross objections were filed by the revenue and different assessees against the orders of the Commissioner of Income Tax (Appeals) for the assessment years 2013-14 and 2014-15. The appeals were heard together due to common issues. The primary issue revolved around the deletion of an addition of ?1,05,85,930/- made by the Assessing Officer on account of unsubstantiated claim of wastage in gold production by an assessee firm engaged in manufacturing and trading of gold ornaments.

2. The Assessing Officer had quantified the alleged under-disclosed yield of gold production by the assessee firm and made additions based on the premise that the claimed wastage of gold was not scientifically justified. The firm provided detailed submissions and maintained records to support its claim, but the Assessing Officer was not convinced. The additions also included disallowances under different sections of the Income Tax Act.

3. The Commissioner of Income Tax (Appeals) partly allowed the assessee's appeal, leading to the revenue's appeal before the Tribunal challenging the deletion of the substantial addition. During the Tribunal proceedings, the revenue contended that the Assessing Officer's decision was correct, while the assessee's counsel argued for upholding the Commissioner's decision based on the maintained records and past consistency in wastage claims.

4. The Tribunal analyzed the facts, focusing on the deletion of the addition related to the claimed wastage of gold during the manufacturing process. It was noted that the firm did not manufacture gold ornaments itself but engaged goldsmiths on a labor basis. Detailed records, including the Sunar bahi, were maintained to track raw gold issuance and ornament manufacturing. The Commissioner's decision was supported by referencing a judgment and highlighting the absence of concrete evidence against the assessee.

5. The Tribunal concurred with the Commissioner's findings and dismissed the revenue's appeal, upholding the deletion of the addition. Additionally, a similar issue in another case was addressed following the same reasoning and resulted in the dismissal of the revenue's appeal and the cross objection.

6. Ultimately, all the appeals of the revenue and cross objections of the assessees were dismissed by the Tribunal, affirming the decision to delete the addition on account of unsubstantiated claim of wastage in gold production. The judgment was pronounced on 19 July 2018.