2018 (5) TMI 512 - AT - Income Tax

Valuation of the closing stock - cost of market price adoption - Held that - AO has gone ahead with arriving the value of closing stock by adopting the cost of market price whichever is lower by adopting the gross profit rate 15% which is incorrect. The assessee has furnished the reconciliation of stocks found at the time of survey and the actual stock difference was 0.036 gms in respect of gold and 0.027 gms. in respect of silver and with regard to the cloth business, it was ₹ 1,31,403/-. Considering the deficiencies found during the course of survey and the explanation offered by the assessee at the time of hearing and the fact that the AO did not make out a case for excess stock of ₹ 28.26 lakhs with the quantitative differences, we hold that the additional income admitted by the assessee amounting to ₹ 20,00,000/- in respect of stock difference is reasonable and accordingly we confirm the addition of ₹ 20,00,000/- and delete the balance. The appeal of the assessee on this ground is partly allowed. Addition of unsecured creditors - Held that - We have verified the creditors confirmation letters received by the AO subsequently and the same required to be considered. Therefore, we are of the view that in the interest of justice, the issue should be remitted back to the file of the AO to decide the issue afresh on merits. We direct the AO to verify the confirmations and decide the issue afresh on merits. The assessee s appeal on this ground is partly allowed.

Summary

Issues:
1. Valuation of closing stock
2. Addition on account of sundry creditors

Valuation of Closing Stock:
The appeal was filed against the order of the Commissioner of Income-Tax (Appeals) for the assessment year 2009-10. The Assessing Officer (AO) made additions to the income due to differences in the valuation of closing stock after a survey under section 133A. The AO found differences in the stock of gold ornaments, silver, and cloth business. The AO also added an amount on account of sundry creditors. The CIT(A) confirmed the additions, leading to the appeal before the Tribunal.

During the appeal hearing, the appellant argued that no addition was necessary as there was only a marginal difference in physical stock, which was negligible in the trade line. The appellant maintained regular books of accounts, and the AO's valuation method using the gross profit basis was incorrect. The appellant consistently followed the average purchase price method for valuing closing stock. The AO, however, valued the stock using the gross profit method, which was deemed incorrect. The Tribunal found that the additional income admitted by the appellant was reasonable, confirming part of the addition and deleting the rest.

Addition on Account of Sundry Creditors:
The AO made an addition on account of unsecured creditors as the confirmations were not submitted during the assessment proceedings. The CIT(A) upheld this addition. During the appeal hearing, the appellant submitted that subsequent to the assessment, the creditors confirmed the credit balances. The Tribunal noted that the replies from the creditors were received after the assessment was completed. The Tribunal directed the AO to verify the confirmations and decide the issue afresh on merits, partially allowing the appeal on this ground.

In conclusion, the Tribunal partly allowed the appeal of the assessee concerning the valuation of closing stock and the addition on account of sundry creditors. The matter related to the valuation of closing stock was thoroughly examined, highlighting discrepancies in the AO's approach and the appellant's consistent method. The issue of unsecured creditors was also addressed, emphasizing the importance of verifying confirmations to ensure the genuineness of outstanding balances.