Baroda Moulds and Dies v. ACIT (2018) 62 ITR 168 (Ahd.)(Trib.)

S. 69: Income from undisclosed sources — Unexplained investments -Gross profit is higher than earlier years -Additions cannot be made

Tribunal  held that the Assessee had, during the assessment proceeding, given a detailed quantitative reconciliation showing that the undisclosed stock worth Rs.60,91,883/- which is indeed the semi-furnished goods and hence not recorded in the books of accounts during the course of assessment proceedings. The AO did not acknowledge this reconciliation provided by the Assessee. This issue was set aside to the file of the AO to examine the reconciliation statement filed before the lower authorities. So far as the issue of sustaining the addition of Rs.8,04,163/- applying gross profit at 22.82% on difference in stock found as on the date of search is concerned, it was observed that the appellant’s profit in earlier year was less than the year under consideration meaning thereby his Gross Profit for the year under consideration was higher than earlier years and thus such an addition cannot be allowed. (ITA No. 2809 & 3088/Ahd/2013)  (AY. 2010-11)