2013 (7) TMI 539 - HC - Income Tax

Block assessment - Purchase at inflated price - Suppression of tax - Tribunal deleted additions holding that there was no suppression - Held that - On the basis of the seized material for a certain period, during the part of the block period, certain additions were made by the Assessing Officer - Such materials admittedly related to a brief period of three months, thereafter, for the entire block period to extrapolate the same basis of modus operandi, that too without any basis or material from the seized documents was simply not permissible - In absence of any documents found during search to even link the assessees activities for the entire period, to project by way of extrapolation the facts found during the brief period of about four months would not be permissible - Decided against Revenue. Excess stock - Tribunal deleted addition holding that stock was properly accounted - Held that - Assessee has received the goods on approval basis and the same was lying in the stock at the time of search - When two authorities concurrently found that the stock was duly explained - no substantial question of law arise - Decided against Revenue.

Issues:
1. Whether the Appellate Tribunal correctly confirmed the deletion of the addition made on account of inflated purchases.
2. Whether the Appellate Tribunal correctly confirmed the deletion of the addition made on account of sale of scrap.
3. Whether the Appellate Tribunal correctly confirmed the deletion of the addition made on account of unaccounted stock.
4. Whether the Appellate Tribunal correctly confirmed the deletion of the addition made on account of unaccounted investment.

Issue 1 - Inflated Purchases:
The case involved the Revenue appealing against the Tribunal's decision to delete an addition of Rs.19,08,28,714 made on account of inflated purchases by the assessee for tea through Pratima Traders. The Assessing Officer concluded that the assessee artificially inflated purchase prices to suppress profits. The Tribunal upheld the CIT(Appeals) order reversing the Assessing Officer's decision for the entire block period. The Tribunal emphasized that the Assessing Officer's extrapolation for the entire block period without sufficient basis was impermissible. The Tribunal directed the Assessing Officer to recompute the undisclosed income for a specific period based on the inflated purchase price. The High Court agreed with the Tribunal's view, highlighting the lack of evidence for the entire block period and the impermissibility of extrapolation without basis.

Issue 2 - Sale of Scrap:
The Appellate Tribunal also confirmed the deletion of an addition of Rs.1,36,21,468 made on account of the sale of scrap. The Tribunal upheld the CIT(Appeals) order after considering the explanation provided by the assessee regarding the stock found at other places, which was duly accounted for. The Tribunal noted the regular system of accepting goods on approval basis and maintaining records. The CIT(Appeals) deleted the addition after verifying the details provided by the assessee. The Tribunal concurred with the CIT(Appeals) decision, emphasizing that the stock discrepancies were adequately explained. The High Court found no legal question in this issue, as it was based on factual evidence and concurrent findings by the authorities.

Issue 3 - Unaccounted Stock:
Regarding the addition of Rs.23 lakhs made on account of unaccounted stock found during the search, the CIT(Appeals) deleted the addition after thorough verification and consideration of the explanation provided by the assessee. The Assessing Officer's remand report acknowledged the regular practice of goods on approval basis and the maintenance of records. The Tribunal upheld the CIT(Appeals) decision, stating that the stock discrepancies were adequately explained by the assessee. The High Court observed that this issue was fact-specific, and since both authorities found the stock was duly explained, no legal question arose.

Issue 4 - Unaccounted Investment:
The High Court did not examine the issue of the addition made on account of unaccounted investment of Rs.19,650, considering the amount to be extremely small. Therefore, no detailed analysis or judgment was provided for this particular issue.

In conclusion, the High Court dismissed the Tax Appeal, affirming the Tribunal's decisions on the issues of inflated purchases, sale of scrap, and unaccounted stock. The Court emphasized the importance of factual evidence and the impermissibility of extrapolation without a proper basis, ultimately upholding the decisions based on the facts and findings presented.

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