Dy. CIT v. Mahendra Brothers Exports Pvt. Ltd. (2022) 99 ITR 537 (Mum)(Trib)

S. 69B : Amounts of investments not fully disclosed in books of account-Jangad (memo of NE)-Rough rejections and rough diamonds-Valuation report-Addition was deleted. [S. 131]

Held, that the summons under section 131 of the Act was issued during the course of assessment proceedings and the proprietor of NE attended and furnished requisite details with written submissions. A statement was recorded from him wherein it was confirmed that 169.45 carats of diamonds was sent back to the assessee by NE on August 4, 2011. The explanation offered by the assessee was to be accepted and the Assessing Officer was directed to delete the addition made for the value of 169.45 carats of diamonds Held also, that for the remaining difference of 10.7 carats (180.15-169.45 carats) which the assessee explained as having arisen due to weighing difference, the Assessing Officer was to make an addition for 10.7 carats by applying the respective rates applicable for “rough rejections” and “rough diamonds” as mentioned in the Government Valuation report. This would meet the ends of justice.(AY. 2009-10 to 2012-13)