Suraj Bhan Oil (P.) Ltd. v. DCIT (2022) 446 ITR 539/286 Taxman 680/ 334 CTR 813/ 226 DTR 365 (MP)(HC) Editorial : SLP dismissed as withdrawn , Suraj Bhan Oil (P) Ltd v. Dy. CIT (2022) 288 Taxman 635 (SC)

S. 69B : Amounts of investments not fully disclosed in books of account- Assessment-Stock-Value of stock shown in stock statement as on 28-3-2005 submitted to bank was far in excess to value of stock shown in audit report for period ending 31-3-2005-No explanation was offered-Order of Tribunal was affirmed. [S. 143(3),145]

Assessee was engaged in manufacturing and trading of edible oils and grains. Assessing Officer  found that value of stock shown by assessee in stock statement as on 28-3-2005 submitted to bank was far in excess to value of stock shown in audit report for period ending 31-3-2005 and difference was to extent of Rs. 2.71 crores and assessee despite opportunity afforded could not either reconcile difference or explain reasons therefor, treated difference amount as unexplained investment in stock from undisclosed sources and added same to total income of assessee under section 69B of the Act.  Commissioner (Appeals) deleted the addition by referring to a chart indicating stock position as on 28-3-2005 submitted to bank with stock position as per stock register on 28-3-2005.  Tribunal held that assessee was bound to explain difference either before Assessing Officer or before Commissioner (Appeals) or before Tribunal and same was not done. Tribunal held that once it was found by Assessing Officer that there was excess stock, in absence of explanation by assessee, conclusion was inescapable that excess stock, if any, was from undisclosed sources. Order of Tribunal is affirmed. (AY. 2005-06)