2012 (12) TMI 757 - AT - Income Tax

Unexplained Expenditure u/s 69C Shortage of Cash Held that - The appellant s books has been obtained and it transpires that all the payments have been made through Bank of India and there is apparently no correlation with any of the amount appearing in the seized papers - addition made is hereby deleted. Difference in Stock Held that - Impugned addition made by the Assessing Officer merely on the presumption that the assessee kept changing his version about difference in stock and no justifiable reason was adduced in the assessment order for making the addition therefore the CIT(A) rightly deleted the same. Unexplained Purchase of goods Held that - Additions made on the plea that bill no. 4 dated 19.1.2007 of M/s Guru Nanak Traders for an amount of Rs. 3, 55, 000/- was found at the business premises of the assessee. The assessee tendered in his statement that the goods mentioned in the bills have not been delivered till date and were transported through Sanjay Transport Company of Jabalpur on 20.1.2007 only. Identically bill bearing no. 76 dated 20.1.2007 of M/s Jeetu Steels for Rs.1, 20, 365/- was found which was issued in the name of Shreenath Traders. The assessee claimed that he did not purchase the goods appearing in the bill. On perusal of the observations the explanation offered by the assessee justification in the conclusion of the CIT(A) exists - appeal of the revenue having no merit therefore dismissed.

Summary

Issues:
1. Deletion of addition based on loose papers found during search
2. Deletion of addition for shortage of cash
3. Deletion of addition for excess stock found during survey
4. Deletion of addition for unexplained investment in purchase of goods

Analysis:

1. Deletion of Addition Based on Loose Papers Found During Search:
The case involved the deletion of an addition of Rs. 3,50,000 based on loose papers found during a search operation. The Revenue contended that the entries in the papers indicated unrecorded transactions in the name of the assessee. However, the CIT(A) examined the ledger account and found that all payments were made through the bank, not in cash as claimed. The Tribunal upheld the CIT(A)'s decision, stating that the payments were made through a banking channel, and there was no correlation with the seized papers. Therefore, the addition was deemed unjustified and was deleted.

2. Deletion of Addition for Shortage of Cash:
The next issue revolved around the deletion of an addition of Rs. 2,91,692 for a shortage of cash held as unexplained expenditure. The Assessing Officer added this amount under section 69C of the Act. However, the CIT(A) found the AO's action to be unsustainable both factually and legally. The CIT(A) noted that if the cash shortage was utilized for purchases and there was no evidence to the contrary, it could not be deemed unexplained. The Tribunal affirmed the CIT(A)'s decision, emphasizing that the cash was not unexplained, as claimed by the Revenue.

3. Deletion of Addition for Excess Stock Found During Survey:
The third issue involved the deletion of an addition of Rs. 1,04,830 for excess stock found during a survey. The AO made the addition based on the presumption that the assessee kept changing his version regarding the difference in stock. However, the CIT(A) found the AO's reasoning insufficient and unjustified. The Tribunal agreed with the CIT(A) that the addition was not justified, as no valid reason was provided for making it. Consequently, the addition was deleted.

4. Deletion of Addition for Unexplained Investment in Purchase of Goods:
The final issue concerned the deletion of an addition of Rs. 4,75,635 for unexplained investment in the purchase of goods. The AO based this addition on bills found at the assessee's premises. However, the CIT(A) reviewed the explanations provided by the assessee and found the AO's decision unjustified. The Tribunal concurred with the CIT(A), noting that the purchases were not unexplained based on the evidence and explanations presented. Therefore, the addition was directed to be deleted.

In conclusion, the Tribunal dismissed the appeal of the Revenue, as all the additions made by the AO were found to be unjustified and were appropriately deleted by the CIT(A) after thorough examination of the facts and explanations provided by the assessee.