Held that the findings of both the authorities were without any basis or material as the books of account duly audited by the auditors were produced by the assessee but not faulted with during the course of assessment proceedings or during the appellate proceedings. Moreover the Assessing Officer had not rejected the books of account before making the addition on account of stock difference which was also not correct and not in accordance with the provisions of the Act. Therefore the addition and consequential addition on account of post survey sales, made on the basis of estimation and surmises, could not be sustained.(AY.2010-11)
Md. Ismail Saree Creations v. ITO (2022) 95 ITR 15 (SN) (Kol) (Trib)
S. 143(3) : Assessment-Survey-Difference between closings tock found and that shown in books-Books of account not rejected-Addition based on estimation is held to be not justified. [S. 133(6) 133A]