1995 (4) TMI 79 - AT - Income Tax

Summary

Issues:
1. Disallowance of Bardana loss claimed by the assessee.
2. Addition of Rs. 1,83,042 by the AO under s. 145(1) and subsequent deletion by CIT(A).

Issue 1: Disallowance of Bardana loss claimed by the assessee:
The assessee claimed a loss of Rs. 15,000 under the head 'Bardana' due to general wear and tear of bags used for transporting paddy. The CIT(A) confirmed the disallowance of the claimed loss. The ITAT observed discrepancies in the Bardana Account and noted that the assessee did not account for the disposal of 1520 discarded bags, leading to an estimated loss of Rs. 15,000. The ITAT partially allowed the appeal, restricting the Bardana loss to Rs. 7,500, as the claim was not fully substantiated by the assessee.

Issue 2: Addition of Rs. 1,83,042 under s. 145(1) and subsequent deletion by CIT(A):
The AO made an addition of Rs. 1,83,042 based on alleged defects in the assessee's accounts regarding rice yield and sales. The CIT(A) deleted the addition, stating that s. 145(1) was not applicable as proper production records were maintained and verified by authorities. The ITAT upheld the CIT(A)'s decision, noting that production records were maintained and verified. However, a partial addition of Rs. 10,000 was made for undervaluation of closing stock of chhilka and phak/rice bran due to discrepancies in sales valuation. The appeal by the Revenue was partly allowed, while the cross-objection by the assessee was dismissed.

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