Samaddar Brothers v. CIT (2023) 292 Taxman 323 (Cal.)(HC)

S. 69A : Unexplained money-Amounts of investments not fully disclosed in books of account-Unexplained expenditure-Survey-Purchase of goods no explanation was furnished-Excess stock was found-Mahajani Khata-Order of Tribunal confirming the addition is affirmed. [S. 69B, 69C, 133A, 145]

Payments had been made to different parties towards purchase of certain unaccounted goods  no explanation was furnished. Order of Tribunal confirming the addition was affirmed.   Assessing Officer treated amount so paid as undisclosed income and made addition to assessee’s total income. Tribunal upheld said additions on ground that there was no explanation furnished by assessee for not recording payments in books of account.  Order of Tribunal is affirmed by High Court. Tribunal gave the finding  that the  assessee failed to show any separate trade license, sale memo, purchase memo, books of account, etc. to explain excess physical stock so found. High Court affirmed the order of the Tribunal.  In the course of survey ‘Mahajani Khata’ was found. Tribunal held that  since assessee did not produce any material to substantiate their submission and/or rebut findings recorded by Assessing Officer, addition was  sustained. High Court affirmed the order of the Tribunal.  (AY. 1995-96)