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2004 (3) TMI 330 - AT - Income Tax

Issues:
1. Dispute over addition of Rs. 1,40,500 out of Rs. 1,53,360 in asst. yr. 1996-97.

Analysis:
The appeal before the Appellate Tribunal ITAT Chandigarh-A was regarding the Revenue's disagreement with the CIT(A) order concerning the addition of Rs. 1,40,500 out of Rs. 1,53,360 for the assessment year 1996-97. The dispute arose from a sales discrepancy of Rs. 1,53,360 in the account of ICL, which the AO believed was sales suppression. The assessee explained that although the goods were initially sold to ICL and later returned, the sales were reduced in the trading account and the closing stock was credited. The CIT(A) accepted the assessee's explanation that only the profit attributable to the sales should be taxed, considering the goods were returned in the subsequent year. The Tribunal agreed that the addition should not be the entire Rs. 1,53,360, as the facts were undisputed. The CIT(A) had correctly reduced the addition to Rs. 12,860, which was upheld by the Tribunal, leading to the dismissal of the Revenue's appeal.

Therefore, the Tribunal found no merit in the Revenue's appeal, as the explanation provided by the assessee regarding the sales discrepancy was verified with reference to excise records and deemed satisfactory. The Tribunal upheld the CIT(A)'s decision to reduce the addition from Rs. 1,53,360 to Rs. 12,860 based on the verified facts and explanations provided by the assessee. Consequently, the Revenue's appeal was dismissed by the Tribunal, affirming the decision of the CIT(A) regarding the disputed addition in the assessment for the year 1996-97.

 

 

 

 

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