2013 (1) TMI 673 - AT - Income Tax

Unaccounted stock Undisclosed income - Excess stock found at the time of Survey u/s 133A - Assessee engaged in selling sceneries/potteries received from various artists - whatever articles were sold she used to pay the artist after deducting her commission - unsold items she used to return back the items to the respective artists The additions were made by Assessing Officer on the basis that assessee did not provide the evidences during course of assessment proceedings - Held that - The assessee had also submitted the confirmations from 13 artists who had confirmed of their being owner of the items found at the premises of assessee and they have confirmed that they have not sold these to the assessee. Therefore, excess stock found at the time of survey necessarily belonged to the various artists who had got their work of art displayed at the gallery of the assessee and these were meant to be sold by the assessee on commission basis. In favour of assessee

Summary

Issues:
1. Addition of Rs.10,00,000/- made on account of suppressed turnover as undisclosed income.
2. Addition of Rs.34,87,903/- made on account of excess stock found on the date of survey as undisclosed income.

Analysis:
1. The appellant, a sole proprietor of a business engaged in the sale of potteries and art work, filed a return declaring a loss. A survey was conducted, and discrepancies in stock valuation led to additions of Rs.10,00,000/- for suppressed turnover and Rs.34,87,903/- for excess stock. The appellant failed to provide evidence of consignment stock, leading to the additions. The Ld CIT(A) deleted the additions after considering the appellant's submissions, including explanations about consignment stock and turnover details below Rs.10 lakhs. The appellant argued that the stock belonged to artists, not her, and provided confirmations from artists. The Tribunal noted that the stock was meant to be sold on commission basis and upheld the CIT(A)'s decision, dismissing the revenue's appeal.

2. The revenue challenged the CIT(A)'s decision, arguing that the onus was on the appellant to prove consignment stock and that confirmations from suppliers were provided late. The Tribunal observed that the appellant operated on a commission basis, returning unsold items to artists. The Sales Tax Department had previously valued the appellant's stock and accepted consignment stock. The Tribunal found that the excess stock belonged to artists, not the appellant, and the addition for suppressed turnover was unjustified as the stock did not belong to her. Confirmations from artists supported the appellant's claim, and the Tribunal upheld the CIT(A)'s decision to delete the additions.

This detailed analysis covers the issues involved in the legal judgment, providing a comprehensive overview of the case and the Tribunal's decision.