Omprakash Kukreja v. ACIT (2019) 308 CTR 68 / 176 DTR 244 (MP)(HC)

S. 69 : Unexplained investments–Excess stock-Restriction of addition to a sum of Rs. 10 lacs by way of estimate and preponderance of probability cannot be said to be arbitrary and illegal.

On appeal, the High Court held that, when there is a finding of fact that on the basis of the physical verification, a difference was found in the goods with the assessee, Tribunal cannot be said to have erred in sustaining such additions made as it was not solely basis a retracted statement of employees but basis the physical verification of stock. There being no other material to prove to contrary, restriction of addition to a sum of Rs.10 lakhs by way of estimate and preponderance of probability cannot be said to be arbitrary and illegal (ITA No.4 of 2016 dt. 16-01-2019) (AY. 2007-08)