2009 (11) TMI 105 - HC - Income Tax

Whether on the facts and circumstances of the case learned Tribunal was justified in upholding the order of the learned Commissioner of income-tax (Appeals) deleting the addition made by the Assessing Officer on account of excess stock found during the course of survey under section 133A ? The explanation offered by the assessee with respect to excess stock found during the survey proceedings that the same were purchased by him from two dealers however the same could not be entered into the stock register as the son of the assessee who looks after the assessee s business was out of station in connection with treatment of his mother was accepted by both the appellate forums as valid explanation. Held that acceptance of explanation offered by the assessee is a finding of fact and the same does not give rise to any substantial question of law we dismiss this appeal as no substantial question of law is involved in this appeal for adjudication.

Summary

Issues:
- Appeal under section 260A of the Income-tax Act, 1961 against the order of the Income-tax Appellate Tribunal.
- Justification of upholding the order of the Commissioner of income-tax (Appeals) deleting the addition made by the Assessing Officer on account of excess stock found during a survey under section 133A.

Analysis:
1. The appeal was filed by the Revenue under section 260A of the Income-tax Act against the order of the Income-tax Appellate Tribunal. The substantial question of law for consideration was whether the Tribunal was justified in upholding the order of the Commissioner of income-tax (Appeals) deleting the addition made by the Assessing Officer regarding excess stock found during a survey under section 133A of the Act.

2. The facts of the case revealed that during a survey operation under section 133A, an excess stock of dhaniya was found at the assessee's business premises. The Assessing Officer treated this excess stock as undisclosed investment and made an addition to the income of the assessee. However, the Commissioner of Income-tax (Appeals) allowed the assessee's appeal and deleted the addition, citing the explanation provided by the assessee regarding the difference in stock found during the survey and noted in the books of account.

3. The appellant argued that the survey conducted was to unearth undisclosed income, and the absence of corresponding entries in the account books raised doubts about the credibility of the explanation provided by the assessee. The appellant contended that the explanation of subsequent cash receipts for the undisclosed stock was an afterthought accepted by the lower forums without due consideration.

4. On the contrary, the respondent contended that the explanation offered by the assessee was a question of fact, and the Tribunal's findings on the sufficiency and reliability of the explanation should not be interfered with. Citing judgments from the Rajasthan and Madras High Courts, the respondent emphasized that the acceptance of the assessee's explanation is a factual determination not giving rise to any substantial question of law.

5. After hearing arguments from both parties and examining the orders of assessment, the Commissioner of Income-tax (Appeals), and the Tribunal, it was observed that the explanation provided by the assessee regarding the excess stock found during the survey was accepted as valid by the lower forums. The High Court relied on precedents from the Rajasthan and Madras High Courts, affirming that the acceptance of the assessee's explanation is a finding of fact, not warranting adjudication on substantial questions of law.

6. Consequently, the High Court dismissed the appeal, concluding that no substantial question of law arose from the acceptance of the assessee's explanation by the lower forums. The decision was based on established legal principles and the factual findings of the Tribunal, emphasizing that the explanation provided by the assessee was considered valid and credible in light of the circumstances surrounding the excess stock discovered during the survey.