1983 (3) TMI 154 - AT - Income Tax

Summary

Issues involved: The appeal concerns the deletion of amounts u/s 13,320 for suppressed sales and u/s 10,000 as unexplained capital outside the books by the AAC, which the department challenges.

Suppressed Sales Issue: The assessee, an individual running an oil mill, recorded sales through a commission agent. Sales Tax Authorities found sales in the assessee's name in the agent's records. The ITO included this turnover in the assessee's income, but the AAC, after reviewing affidavits and STO orders, found no conclusive evidence linking the sales to the assessee. The AAC deleted the addition of Rs. 13,320 representing the G.P. on the disputed sales.

Unexplained Capital Issue: The ITO estimated the assessee's capital at Rs. 10,000 based on the turnover. The AAC, noting that the sales were not proven to be the assessee's, deleted this amount as well. The department challenged the AAC's reliance on affidavits and lack of reasoning in the order.

Judgment: The Tribunal found the AAC's order lacking in reasoning but upheld it based on the affidavits and evidence. The affidavits supported the assessee's consistent denial of the disputed sales. The Tribunal noted the lack of evidence of machinery use or increased electricity consumption for the alleged sales, supporting the assessee's case. The Tribunal dismissed the department's appeal, holding that the additions made by the ITO were not justified, as the sales were not proven to be the assessee's.