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TMI Blog2012 (11) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... statement of accounts and stock as per the audited quantitative details of raw-material and finished goods of closing stock could be added as income in the hands of the assessee. Thus the actual difference is slightly more in besan account as per the two account statements and which comes to 9.826 MTs and the value thereof comes to Rs.2,47,850/- and accordingly, the addition on account of difference in besan account is restricted to Rs.2,50,000/- . In other accounts of maida, soji and atta there is in fact shortfall thus the total addition is sustained at Rs.3,00,000/- out of the addition of Rs.19.33 lakhs and Rs.7.42 lakhs sustained by the CIT(A) - partly in favour of assessee. Penalty u/s 271(1)(c) - Held that:- It was the assessee who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces of the appellant s case, the learned CIT(A) has grossly erred in upholding the addition of Rs.7,42,391 made by the AO on account of alleged surplus/shortage of closing stock. 3. The learned counsel for the assessee submitted that there was a mistake in the accounts statement and the audited quantitative details of raw-material and finished products in quantity of besan, maida, soji and fada. He submitted that the assessee has filed a reconciliation statement at page no.120 of its compilation filed before the Tribunal, and therefore, no addition was called for. He referred to the copy of the written submissions of the assessee filed before the CIT(A) in support of the case of the assessee. He submitted that even if the value of diffe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the audited accounts of the closing stock of raw-material and the finished goods, as filed by the assessee at page no.120 of the compilation before us. We find that the assessee has tried to explain the reasons for the difference in the two statements of accounts of the closing stock in the written submissions filed before the CIT(A). However, in such type of case, at the most the value of the difference between the stock as per the statement of accounts and stock as per the audited quantitative details of raw-material and finished goods of closing stock could be added as income in the hands of the assessee. The AO at page no.12 of the assessment order has calculated the difference at 7.761 MT of besan in two accounts and the value there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs of the AO and the CIT(A). We find that it was the assessee who has filed both the accounts statements with regard to quantitative details of the raw-material and finished goods in various products and they were filed by the assessee at the time of assessment itself. The assessee has filed a reconciliation statement and has tried to reconcile the two statements of account. The mistake on account of difference in two accounts is clearly bona fide and merely because the some part of the addition made on that ground has been sustained by the Tribunal, is no ground to visit the assessee with the penalty under Section 271(1)(c) of the Act. The explanation of the assessee being bona fide, we hold that no case of penalty under Section 271(1)(c) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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