PCIT v. Simpex Granito (P.) Ltd. (2024) 300 Taxman 150 (Guj.)(HC)

S. 69 : Unexplained investments-Search-Purchase of raw material-Department and had only assumed undisclosed investment being source of purchases recorded for subsequent sales-Order of Tribunal had rightly deleted addition made by Assessing Officer under section 69C-No substantial question of law. [S.260A]

During search, Excise Department found that assessee was involved in clandestine movement of vitrified tiles and thereby evaded payment of duty. Assessing Officer made addition under section 69C in respect of unaccounted investment in purchase of raw-material and subsequent manufacturing expenditure on unaccounted raw-material for manufacturing boxes of vitrified tiles. Commissioner (Appeals) deleted  the addition. Tribunal affirmed the order of the CIT(A). On appeal the Court held that both Tribunal as well as Commissioner(Appeals) having arrived at concurrent finding of fact that the Assessing Officer had not recorded any finding of any undisclosed investment found as a result of search by Excise Department and had only assumed undisclosed investment being source of purchases recorded for subsequent sales, Tribunal had rightly deleted addition made by Assessing Officer under section 69C. No substantial question of law.   (AY. 2012-13)

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