Shanti Prime Publication Pvt. Ltd.
Sec. 69 of Income-tax Act, 1961— Income from undisclosed sources— Addition made by AO for unrecorded stock merely on the basis of recorded statement and without basis of any material evidence needs to be deleted.
Facts: The assessee has raised the ground that CIT(A) has erred in confirming the addition on account difference between stock declared land stock offered for taxation and treating the same as retraction from surrendered amount. However, it was explained during the assessment proceeding as well as before the CIT(A) that excess stock taken on the date of survey was on estimated basis and without taking actual weighment of stock and that assessee has recalculated the difference and truly declared the same in the returned filed by him. CIT(A) has erred in confirming action of AO making ad hoc addition in the net profit.
Held, that no other incriminating material was found during the course of survey relating to unaccounted stock, excess physical stock was calculated by Revenue authority on estimative and presumptive basis. The stock statement prepared by the survey team on the date of survey itself seems to be on a loose wicket since the remarks column mentioning about the weighment of stock in trucks do not correlate with any actual weighment slip and also the alleged unrecorded stock is practical impossible to be stored on the available space with the assessee. Even after the retraction assessee had not retracted the total surrender but he prudently kept separate record of the sales of physical stock which was 250.03 M.T. whereas the book stock on the date of survey was 85.433 M.T. The difference i.e., 165.27 M.T. is accepted as unrecorded stock which has been offered to tax by the assessee, therefore, we are of the considered view that CIT(A) erred in confirming the addition made by AO for unrecorded stock merely on the basis of recorded statement and without basis of any material evidence and there the same needs to be deleted. - DEPUTY CIT V/s SHRI RAMDOOT PRASAD SEWA SAMITI TRUST - [2020] 205 TTJ 435 (ITAT-JAIPUR)