Assessee-firm had availed overdraft facility from bank against hypothecation of stock. Assessing Officer made addition to assessee’s income on basis of stock statements furnished to bank. In the earlier round, the High Court remanded the matter to the Tribunal with directions to give the assessee an opportunity to prove that the stock statement was not signed by it and to permit cross-examination of the Bank Manager. Pursuant to the remand, the bank’s successor Deputy Manager was examined and stated that stock statements were prepared by the bank’s godown keeper, required the partner’s signature before entry, and formed the basis for determining drawing power. Tribunal held that the assessee failed to establish that the stock statement did not belong to it and led no contrary evidence. Court held that since the drawing power of the assessee was dependent upon the stock statement and the assessee was given due opportunity to disprove the stock statement relied upon by the Income-tax Department, the addition made on the basis of the stock statement was valid.
Loomba Manufacturing Syndicate Ludhiana v. CIT (2026) 310 Taxman 39 (P&H)(HC)
S. 69: Unexplained investments-Stock-Overdraft facility from bank against hypothecation of stock-Stock statements furnished to bank-Cross-examination of Bank Manager-Failure to disprove-Order of Tribunal affirming the addition is affirmed.[S. 260A]
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