ITO v. M. M. Poonjiaji Spices Ltd. (2024)113 ITR 294 /230 TTJ 312 (Mum)(Trib)

S.143(3): Assessment-Unexplained investment-Difference between value of closing stock furnished to bank and that shown in books of account-Value in books higher-Higher gross profit offered to tax-No defect pointed out in books of account-No Suppression of profits-Addition is not justified.[S. 69, 145]

Held that the assessee had submitted the stock statement to the bank whereas the book stock was lower resulting in a difference to the closing stock. However, an addition could not be made on the basis of the closing stock declared in the statement submitted by the banker being less than the book stock. That the Commissioner (Appeals) had held that by showing the valuation of closing stock at a higher amount, the assessee had offered a higher gross profit for taxation and not vice versa, that, therefore, the charge regarding suppression of profit by the Assessing Officer was made without pointing out any defect in the assessee’s books of account and also that the manner of making the addition was incorrect. There was no infirmity in the order of the Commissioner (Appeals) deleting the addition. (AY.2001-02 to 2008-09)

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