Mayankkumar Natwarlal Soni v. ACIT (2019) 179 ITD 444/ (2020) 189 DTR 56/ 204 TTJ 761 (Ahd.) (Trib.)

S. 145 : Method of accounting–Survey–Estimation of income on the basis of estimated gross profit on sales–Rejection of books of account without any reason-Addition is held to be not valid. [S. 133A, 144]

The assessee is in the e business of dealing in precious metals and ornaments. During the course of this survey, certain diaries were found indicating unaccounted credit sales. These diaries were impounded by the authorities. On the basis of the entire material and the books of account, the assessee offered to tax additional income on account of stock difference of gold, silver and diamond on account of stock. The assessee filed return accepting this additional income. However the AO made addition on account of estimated gross profit on estimated sales. CIT (A) confirmed the addition.  On appeal the Tribunal held that the AO made  addition made  in respect of the unaccounted sales are far in excess of the actual sales made by the assessee, when the income voluntarily offered to tax on the basis of material on record is far more than income, strictly speaking, legally justified on that basis, there cannot be any good reasons to make separate additions on the basis of the same material. In these circumstances, separate addition on account of income, as profit or as seed capital or for any other related factor, is clearly unwarranted.  Accordingly deleted the addition. (AY. 2011-12)