2017 (3) TMI 88 - HC - Income Tax

Addition of unaccounted local sales of gold - Tribunal held that the artisans did not use the same quantity of gold as sent to them for manufacturing of gold ornaments, and therefore, the difference was to be added as unaccounted local sales within the country - ITAT relied on issue as concluded in the case of very assessee in AY 1989-90 - whether any new evidence was produced by assessee in the present matter, which was not there in Asst. Year 1989-99? Held that - Assessing Officer noticed the gold content in the final product as per the Books of Accounts and as per the appraisal of customs authority. Therefore, the Assessing Officer worked out the excess consumption of gold which according to him had been actually sold in the local market. The Assessing Officer also noticed that similar modus operandi was done in the year 1989-90 also and there was no change in the modus operandi in the subsequent years under consideration. At this stage it appears that the assessee produced some further evidence which we have perused from the paper book produced and according to the assessee by producing such new evidences the case differs from 1989-90, as according to the assessee by using new evidences which were not there in the year 1989-90, they have been able to produce the evidence with respect to the actual consumption of gold in final product of ornaments which were exported. Considering the evidences from the paper book produced, which according to the assessee are new evidences, we are of the opinion that as rightly observed by the learned ITAT none of the evidences can be said to be contemporaneous and/or the evidences to suggest the actual consumption of gold. Most of the evidences and the material produced can be said to be the correspondences and/or general requirement of use of gold. None of the documents / materials show the actual consumption of gold. Under the circumstances, the learned Tribunal has rightly observed and held that the evidences (new evidences) are not contemporaneous and/or the evidences to suggest actual consumption of gold. - Decided against assessee

Summary

Issues Involved:
1. Whether the Tribunal was right in holding that the artisans did not use the same quantity of gold sent to them for manufacturing gold ornaments, resulting in unaccounted local sales.
2. Whether the Tribunal erred in not seriously considering the new evidence produced by the appellant.
3. Whether the Tribunal's order is perverse.
4. Whether the Tribunal's order is a speaking order.

Issue-wise Detailed Analysis:

1. Unaccounted Local Sales:
The Tribunal confirmed the addition of unaccounted local sales for the assessment years 1990-91 to 1994-95 based on discrepancies in the quantity of gold recorded in the books and the actual gold in the manufactured ornaments. The assessee's modus operandi involved sending raw gold to artisans, who added alloys to meet the prescribed purity. The Assessing Officer found discrepancies between the gold content in the final product and the customs appraisal, suggesting unaccounted local sales. The Tribunal upheld the Assessing Officer's findings, concluding that the artisans did not use the same quantity of gold sent to them, leading to unaccounted local sales.

2. Consideration of New Evidence:
The assessee argued that new evidence produced for the years under consideration was not available during the assessment of AY 1989-90. The Tribunal, however, found that the new evidence was neither contemporaneous nor sufficient to establish the actual consumption of gold. The Tribunal observed that the new evidence consisted mostly of correspondences and general requirements rather than concrete proof of actual gold consumption. Consequently, the Tribunal held that the new evidence did not alter the findings from AY 1989-90, and thus, it did not warrant a different conclusion for the subsequent years.

3. Perverse Order:
The assessee contended that the Tribunal's order was perverse for not considering the new evidence in detail. The Tribunal, however, reviewed the new evidence and found it inadequate to prove the actual consumption of gold. The Tribunal's decision was based on the assessment of evidence, which it found lacking in contemporaneity and relevance. Therefore, the Tribunal's order was not deemed perverse as it was grounded in the evaluation of the evidence presented.

4. Speaking Order:
The Tribunal's order was challenged on the grounds that it was not a speaking order. However, the Tribunal provided detailed reasons for its decision, including the evaluation of new evidence and the consistency of findings with the previous assessment year. The Tribunal's order addressed the key issues and provided a rationale for confirming the additions made by the Assessing Officer, thereby qualifying as a speaking order.

Conclusion:
The Tribunal's decision to dismiss the appeals and confirm the additions made by the Assessing Officer was upheld. The Tribunal found no substantial question of law arising from the appeals, as the new evidence was not contemporaneous or sufficient to prove the actual consumption of gold. The Tribunal's findings were consistent with the previous assessment year (1989-90), and the order was detailed and reasoned, addressing all the issues raised by the assessee. Consequently, the appeals were dismissed.