1988 (1) TMI 65 - AT - Income Tax

Summary

Issues:
1. Discrepancy in stock declaration to the bank leading to addition by the ITO.
2. Challenge of the addition before the CIT(A) and subsequent appeal before the Tribunal.

Analysis:

Issue 1: Discrepancy in stock declaration
The appeal by the Revenue was against the CIT(A)'s order regarding the addition of Rs. 4,28,226 made by the ITO due to excess stock shown to the bank. The assessee-firm, engaged in husking paddy, had over-draft facilities with the bank against hypothecation of stock. The ITO found discrepancies in the stock declared to the bank compared to the books of accounts, leading to the addition. The assessee's explanation that no fresh declaration was made to the bank after a certain date and that the stock was hypothecated but not under lock and key was not accepted by the ITO, resulting in the addition.

Issue 2: Challenge and Appeal
The CIT(A) deleted the addition based on submissions that the stock declarations to government agencies matched the books of accounts, citing judgments supporting discrepancies in stock declarations. The Revenue, dissatisfied with the CIT(A)'s decision, appealed before the Tribunal reiterating the inability of the assessee to reconcile the stock discrepancy. The Tribunal considered the arguments, emphasizing that the stock positions on different dates could not be compared due to the bank carrying forward previous figures. Additionally, the Tribunal noted the alignment of stock positions in government agency statements with the books of accounts, as per the judgments referenced.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decision to delete the addition. The Tribunal's decision was based on the lack of evidence provided by the Revenue to challenge the alignment of stock positions and the consistency with government agency statements, as supported by relevant legal precedents.