2009 (9) TMI 232 - HC - Income Tax

Search and Seizure Block Assessment In this case Allahabad High Court on the basis of that the valuation had been done on the basis of stock exchange rates and there was no material before the Assessing Officer to add up the aforesaid amount , held that the order of the Tribunal does not suffer from any legal infirmity. The appeal fails and is dismissed. Decision in favor of assessee against the revenue

Summary

Issues:
1. Disallowance of loss on sale of car under section 158BB(1)
2. Disallowance of losses on devaluation of stock of shares

Analysis:
1. The appeal under section 260A of the Income-tax Act, 1961 challenged the order of the Income-tax Appellate Tribunal regarding the disallowance of Rs. 82,253 on account of loss on the sale of a car. The appellant argued that the disallowance should have been made under section 158BB(1) as undisclosed income. However, the Tribunal held that the addition was not covered under the definition of undisclosed income. The High Court agreed with the Tribunal, stating that no material was seized to show that the car was sold at a higher price, and the mere difference in the written down value did not justify the addition. Therefore, the Tribunal's decision was legally sound, and the appeal was dismissed.

2. The second issue involved the disallowance of losses totaling Rs. 80,000 and Rs. 3,53,013 due to the devaluation of stock of shares. The Tribunal had deleted these additions, stating that the valuation was based on stock exchange rates and there was no evidence to support the Assessing Officer's calculations. The High Court concurred with the Tribunal's decision, emphasizing that the Assessing Officer failed to provide any material to justify the additions. The Court noted that the assessee's adoption of lower rates for stock valuation did not prove any wrongdoing and was not a ploy to evade taxes. Therefore, the Tribunal's deletion of these additions was upheld, and the appeal failed.