Held, that the assessee’s day-to-day books of account were subject to statutory audit under the Companies Act, 2013 as also tax audit under section 44AB. Neither the auditor nor the Assessing Officer had pointed out any defect therein except for the observation that the stock register was not maintained, ignoring the assessee’s nature of business wherein all materials purchased were directly off loaded at the site and consumed. The Assessing Officer had not disputed the opening and closing work-in-progress declared by the assessee. Hence, simply because the stock register was not maintained, rejection of the books of account was not justified. Moreover, the assessee’s books of account of a similar manner had been accepted by the Assessing Officer for the AY.s 2012-13 and 2013-14. The only dispute was the non-satisfaction of the Assessing Officer about the correctness or completeness of accounts owing to non-maintenance of the stock register. Hence, invocation of section 145(3) was not justified. (AY.: 2014-15)
R. G. Colonizers Pvt. Ltd. v. Dy. CIT (2023)101 ITR 409 (Jaipur) (Trib)
S. 145 : Method of accounting-Rejection of accounts-Non maintenance of stock register-Accounts to tax and statutory audits-No defects pointed out by authorities-Accounts of similar nature accepted in earlier years-Mere absence of stock register no ground for rejection of accounts-Not justified.[S. 44AB, 145(3)]