2014 (7) TMI 868 - AT - Income Tax

Valuation of stock and trading addition u/s 145 - Held that - The basic contention raised before the CIT(A) that the books of account regularly maintained by the assessee and duly audited by the auditors were not rejected by the AO by pointing out any material or specific defects and in the absence of the same, trading addition made by the AO is not sustainable - the books of account regularly maintained by the assessee and duly audited by the auditors are not rejected by the AO by pointing out any material is specific defects and this position clearly evident from the order of the AO - the book results declared by the assessee cannot be disturbed unless the books of account maintained by the assessee are specifically rejected by the AO by pointing out any specific or material defect order of the CIT(A) set aside Decided in favour of Assessee.

Summary

Issues:
1. Valuation of stock by the assessee at selling price instead of cost or market price.
2. Addition of trading amount by the Assessing Officer (A.O.) based on gross profit rate discrepancy.

Issue 1: Valuation of Stock
The appeal was against the A.O.'s addition of Rs. 1,67,659 due to the assessee valuing opening and closing stock at selling price instead of cost or market price. The A.O. revalued the stock, resulting in the said addition to the total income. The ld. CIT(A) upheld this addition, as the assessee failed to provide a satisfactory explanation. The Tribunal confirmed this addition, as the valuation method used by the assessee was not in accordance with the law.

Issue 2: Trading Addition Based on Gross Profit Rate
The A.O. made a trading addition of Rs. 5,64,668 due to a significant decrease in the gross profit rate compared to the previous year. The A.O. applied an average GP rate of 16.60% from the past three years, resulting in the trading addition. The ld. CIT(A) partly sustained this addition, allowing only Rs. 3,00,000 of the total amount. The Tribunal, however, deleted the trading addition entirely. The Tribunal held that unless the books of account maintained by the assessee are specifically rejected by the A.O. for material defects, the declared book results cannot be disturbed. Since the A.O. did not reject the books of account for any specific defects, the trading addition was deemed unjustified and was deleted.

In conclusion, the Tribunal allowed the appeal partly, dismissing certain grounds not pressed by the assessee and deleting the trading addition made by the A.O. The judgment emphasized the importance of adhering to proper valuation methods for stock and the necessity of specific defects in the books of account to justify trading additions.