2016 (1) TMI 937 - AT - Income Tax

Addition made by applying declared GP rate of 19.3% on the amount of stock - CIT(A) deleted the addition - Held that - The assessee produced complete books of account before Assessing Officer in which no defects have been pointed out either in the cash book or sales or purchases. Therefore, book results could not have been rejected by the Assessing Officer. Thus, ld. CIT(Appeals) properly appreciating the facts and circumstances of the case, correctly deleted the addition in the matter. The apprehension of the ld. DR during the course of arguments had been that in case assessee would ask for loss to be carried forward of earlier year, then assessee would ask for the refund of the taxes already paid on additional surrendered income. However, the Managing Director of the assessee has filed affidavit to the effect that assessee would never ask for the refund of the taxes already paid on surrendered amount in future. It is also affirmed that no refund has been claimed by assessee on the same. Considering the totality of the facts and circumstances of the case in the light of affidavit of assessee s Managing Director placed on record, we do not find any infirmity in the order of the ld. CIT(Appeals) in deleting the addition. The departmental appeal thus, has no merit - Decided in favour of assessee.

Issues Involved:
1. Deletion of addition made by Assessing Officer by applying declared GP rate on the amount of stock.
2. Justification of the assessee's explanation for stock discrepancy.
3. Evaluation of the Assessing Officer's application of GP rate on the alleged unaccounted sales.
4. Validity of the assessee's surrender of additional income to cover stock discrepancies.
5. Examination of the CIT(A)'s decision to delete the addition.

Issue-wise Detailed Analysis:

1. Deletion of Addition by Applying GP Rate on Stock:
The revenue challenged the deletion of the addition made by the Assessing Officer who applied a declared GP rate of 19.3% on the stock amount of Rs. 2,54,25,000/-. The Assessing Officer concluded that the assessee had evaded profit by reducing the opening stock by Rs. 2,54,25,000/- on account of prior period rejections written off and subsequently adding the same amount in the computation of income. This was viewed as an attempt to avoid showing profit on the sale of this stock.

2. Justification of Assessee's Explanation for Stock Discrepancy:
During a survey under Section 133A, a discrepancy was found between the physical stock (Rs. 47,19,230/-) and the stock as per books (Rs. 3,01,78,000/-). The assessee explained that the discrepancy was due to financial difficulties, leading to sales at lower prices or even at a loss, and inflated stock figures to secure bank loans. The assessee agreed to surrender Rs. 30,00,000/- to cover these discrepancies, with the condition of no penalty or prosecution.

3. Evaluation of Assessing Officer's Application of GP Rate:
The Assessing Officer applied the GP rate on the alleged unaccounted sales, considering the reduction of opening stock and subsequent addition in the income computation as an evasion tactic. The CIT(A) found that the deficit of stock was not due to unrecorded sales, as no evidence indicated omitted purchases. The CIT(A) observed that the application of the GP rate on suppressed sales was unjustified and that the Department should have sought a declaration of additional income equal to the deficit stock value if it believed the stock was sold unrecorded.

4. Validity of Assessee's Surrender of Additional Income:
The assessee's surrender of Rs. 30,00,000/- was accepted by the Department during the survey to cover discrepancies. The CIT(A) noted that the assessee's explanation of selling goods at a loss due to financial strain was plausible. The CIT(A) also highlighted the improbability of selling rejected goods worth Rs. 2,54,25,000/- within four months, supporting the assessee's claim that the stock was not sold unrecorded.

5. Examination of CIT(A)'s Decision to Delete the Addition:
The CIT(A) deleted the addition made by the Assessing Officer, stating that the application of the GP rate on the shortfall stock was unwarranted. The CIT(A) emphasized that the surrendered amount of Rs. 30,00,000/- was sufficient to cover the discrepancies, and further addition would result in double taxation. The CIT(A) also noted that the assessee's books of accounts were thoroughly examined, and no defects were found, justifying the deletion of the addition.

Conclusion:
The Tribunal upheld the CIT(A)'s decision to delete the addition, agreeing that the application of the GP rate on the shortfall stock would lead to double taxation. The Tribunal also acknowledged the affidavit from the assessee's Managing Director, ensuring no future claims for a refund of taxes paid on the surrendered income. The departmental appeal was dismissed, affirming the CIT(A)'s order.

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