2013 (1) TMI 869 - AT - Income Tax

Tribunal rules against tax addition based on lack of evidence, emphasizing need for verification and substantiation

Sri J. Venkata Subba Rao Versus Income-tax Officer, Ward-1, Chirala.

The tribunal overturned the addition made under section 69 of the Act based on excess stock found, emphasizing the lack of physical verification and ... - Issues involved: Addition made u/s 69 of the Act based on excess stock found, challenge to the order of CIT (A) regarding the assessment year 2006-07.Summary:Issue 1: Addition made u/s 69 of the Act based on excess stock foundThe Assessing Officer noted that the assessee availed a loan against hypothecation of stocks and found a significant difference in the stock values provided to the bank and the actual stock available. The Assessing Officer treated the excess stock amount as unexplained investment u/s 69 of the Act. The CIT (A) upheld this addition, stating that the stock statement submitted was detailed and specific, and the assessee failed to substantiate the actual stock available. However, the tribunal observed that the assessee did not maintain a stock account and the stock statement was inflated to match the loan amount, without physical verification of stock by the bank. Relying on a previous tribunal decision, the tribunal held that no addition can be made solely based on the stock statement without concrete evidence of actual physical stock.Issue 2: Challenge to the order of CIT (A)The assessee contended before the CIT (A) that the loan was a mortgage loan for investing in shares, and the inflated stock statement was provided only for loan purposes. The CIT (A, however, dismissed the appeal, emphasizing the detailed nature of the stock statement and lack of substantiation by the assessee. The tribunal, after considering the arguments and material on record, concluded that the addition made was not justified and deleted the same, citing the lack of physical stock maintenance by the assessee and the common practice of inflating stock for bank loans. The tribunal allowed the grounds raised by the assessee, and the appeal was allowed.This judgment highlights the importance of concrete evidence and proper verification in making additions u/s 69 of the Act, especially in cases where stock values are in question. The tribunal's decision emphasizes the need for factual substantiation before concluding unexplained investments based solely on financial statements.