Excessive Stock Statement Given to Bankers, Difference will be added to Income of the assessee

This appeal has been pre­ferred by the assessee under Sec­tion 260A of the Income Tax Act, 1961. The High Court of Oun­jab & Haryana in case of Smt.Shakuntla Thukral vs Com­mis­sion­er Of Income Tax on 6 Feb­ru­ary, 2014 con­firmed that Exces­sive Stock State­ment Giv­en to Bankers, Dif­fer­ence will be added to Income of the assessee

Facts of the case:

The assessee is a res­i­dent of Lud­hi­ana. She is engaged in the busi­ness of man­u­fac­ture, pur­chase and sale of cloth and fab­ri­ca­tion. She filed return of income declar­ing income at ‘ 2,80,161/- for the assess­ment year 2005-06 on 31.10.2005. The return was select­ed for scruti­ny. Upon notice, the assessee appeared and sub­mit­ted the rel­e­vant doc­u­ments. The Assess­ing Offi­cer raised objec­tions regard­ing clos­ing stock, unac­count­ed fab­ri­ca­tion work and depre­ci­a­tion claimed by the assessee as under:-

i) Dif­fer­ence of stock Rs.28,73,640/-, ii) Unac­count­ed fab­ri­ca­tion work ‑Rs.5,20,889/- and iii) Depre­ci­a­tion on machin­ery Rs.1,45,214/-

2) It was fur­ther explained by the assessee that she had applied for machin­ery term loan from the bank for import­ing com­put­er­ized “Flat knit­ting bed knit­ting machine” from Tai­wan. The said loan could not be sanc­tioned by the bank due to tech­ni­cal rea­sons and the machin­ery for which order was placed on 30.1.2005 reached India on 18.2.2005. The appel­lant explained to the Bank offi­cials that in case the loan was not dis­bursed, she shall be liable for demur­rage charges as per norms of port author­i­ties. The Bank offi­cials how­ev­er agreed to release the pay­ment from cash cred­it lim­it account if the same was pro­vid­ed at inflat­ed amount. To meet the need of the time, the inflat­ed stock state­ment was giv­en tak­ing into con­sid­er­a­tion the stock lying at the fac­to­ry premis­es of the assessee as well as of the fab­ri­ca­tors and the assessee also increased the hypoth­e­cat­ed quan­ti­ty to get the pay­ment of the machin­ery pur­chased. Dur­ing the assess­ment pro­ceed­ings, the assessee filed reply dat­ed 29.11.2007 explain­ing the objec­tions raised by the Assess­ing Officer.

Judge­ments:

1) After exam­in­ing the doc­u­ments on record, the Assess­ing Offi­cer passed assess­ment order dat­ed 27.12.2007 and made addi­tions. Aggriev­ed by the order, the assessee filed appeal before the Com­mis­sion­er of Income Tax (Appeals) [CIT(A)].

2) the CIT(A) part­ly allowed the appeal while uphold­ing the addi­tions made by the Assess­ing Offi­cer. Still not sat­is­fied, the assessee filed appeal before the Tri­bunal. The Tri­bunal part­ly allowed the appeal while uphold­ing the find­ings record­ed by the CIT(A) on first two issues where­as the issue per­tain­ing to depre­ci­a­tion was remand­ed to the Assess­ing Officer

3) The Tri­bunal impugned here­in while affirm­ing the find­ings record­ed by the Assess­ing Offi­cer and the CIT(A) and con­firms the addi­tion of Rs. 28,73,640/- by CIT(A) under the head ‘Dif­fer­ence of stock’ as shown in the books and shown in the bank state­ment with­out any base and rea­son thereof.

4) The Assess­ing Offi­cer and the CIT(A) had dis­cussed the mate­r­i­al on record in detail and had come to the con­clu­sion that there was dif­fer­ence of stock amount­ing to ‘ 28,73,640/- as per books of account of the assessee and as shown in the inflat­ed stock state­ment giv­en to the Bank.

5) The Tri­bunal affirmed the afore­said find­ings. Sim­i­lar­ly, the addi­tion made by the Assess­ing Offi­cer of Rs. 5,20,889/- due to unac­count­ed fab­ri­ca­tion work was affirmed by CIT(A) and the Tri­bunal. Learned coun­sel for the appel­lant has not been able to point out any ille­gal­i­ty or per­ver­si­ty in the find­ings record­ed by the Tri­bunal while affirm­ing the find­ings record­ed by the Assess­ing Offi­cer and the CIT(A).

6) No sub­stan­tial ques­tion of law aris­es in this appeal. Con­se­quent­ly, the same is here­by dismissed.

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