2021 (9) TMI 1084 - AT - Income Tax

Suppression of purchases - addition disregarding that the impugned amount was offered to tax by the assessee in assessment years 2007-2008 and 2008-2009, which tantamount to double taxation - HELD THAT - We direct the A.O. to examine whether the impugned addition as shown as income in assessment years 2007-2008 and 2008-2009. If it is found by the A.O. that the assessee had disclosed the impugned income as income for the assessment years 2007-2008 and 2008-2009, the Assessing Officer shall delete the addition for assessment year 2006-2007. With these directions, restore this case to the files of the Assessing Officer. Appeal filed by the assessee is allowed for statistical purposes.

Summary

Issues:
Delay in filing appeal - Condonation of delay sought due to rectification application filing issue.
Addition of ?3,84,730 - Alleged suppression of purchases leading to double taxation.

Delay in Filing Appeal - Condonation of Delay:
The appellant sought condonation of delay of 497 days in filing the appeal, attributing it to the necessity of filing a rectification application before the first appellate authority. The appellant contended that the delay was unintentional and arose due to the inability to file the rectification application electronically, leading to the belief that the relief sought would be granted through that process. The appellant relied on case laws emphasizing the liberal interpretation of "sufficient cause" and urged for a pragmatic approach by the Courts for substantial justice. The Tribunal, after considering the facts and circumstances, found sufficient cause to condone the delay, noting that the prayer in both the rectification application and the appeal was identical, thereby allowing the appeal to proceed on merits.

Addition of ?3,84,730 - Alleged Suppression of Purchases:
The primary issue revolved around the addition of ?3,84,730 made by the Assessing Officer, alleging suppression of purchases by the appellant. The Assessing Officer noted a variance in the purchase amount from M/s. Ajay's Bangalore between the appellant's books and the accounts received from the supplier. The appellant contended that the difference arose from accounting discrepancies rather than intentional suppression. The CIT(A) upheld the addition, stating that the appellant had offered the same income for subsequent assessment years, justifying the taxation. However, the Tribunal, after examining the evidence presented, found that the alleged difference was reconciled and accounted for in the subsequent years, thus leading to potential double taxation. Citing relevant judicial pronouncements, the Tribunal directed the Assessing Officer to verify if the impugned addition was declared as income in the subsequent assessment years. If so, the Tribunal ordered the deletion of the addition for the current assessment year, thereby allowing the appeal for statistical purposes.

In conclusion, the Tribunal addressed the delay in filing the appeal by condoning it and proceeded to analyze the core issue of alleged suppression of purchases leading to double taxation. The Tribunal's decision focused on the reconciliation of discrepancies and the potential impact on the appellant's tax liability across multiple assessment years, ultimately directing the Assessing Officer to ensure no double taxation occurred.