2014 (3) TMI 845 - AT - Income Tax

Tribunal decision on final accounts, creditors, and sales figures upheld with remand for new evidence review

Income Tax Officer-24(2) (2), Mumbai Versus Smita Sawant

The Tribunal upheld the deletions of additions made on account of differences in final accounts, balance of creditors, and purchase/sales figures. ... Deletion made on account of difference in final accounts – Held that:- CIT(A) was of the view that the AO has gone totally by the provisional account and added the differences to the income. Since the account has been audited u/s 44AB - the assessee had filed two sets of final accounts before the AO - one of the sets was audited statement of accounts - the CIT(A) has very correctly considered the audited statement of account – thus, there is no infirmity in the findings of the CIT(A) – Decided against Revenue. Addition made on account of difference in balance of creditors -Difference in purchase and sales Held that:- Revenue contended that the CIT(A) has admitted certain evidences which were in violation of Rule 46A since these details were never filed before the AO - the details ought to have been filed before the AO – thus, the matter is remitted back to the AO – Decided in favour of Revenue. Issues:1. Deletion of addition made on account of difference in final accounts.2. Deletion of addition made on account of difference in balance of creditors.3. Deletion of addition made on account of difference in purchase and sales.4. Admission of additional evidence without giving opportunity to AO.Issue 1: Deletion of Addition on Account of Difference in Final Accounts:The Revenue appealed against the deletion of an addition of Rs.7,84,840/- by the ld. CIT(A) concerning differences in final accounts for the Assessment Year 2009-10. The AO had added this amount due to discrepancies found in the two sets of final accounts submitted by the assessee, one audited and the other provisional. The ld. CIT(A) noted that the provisional accounts were subject to modifications post-audit, causing differences between the two sets. Emphasizing the audited statement, the ld. CIT(A) concluded that the AO erred in relying solely on the provisional account, leading to the deletion of the addition. The Tribunal upheld this decision, dismissing the Revenue's appeal.Issue 2: Deletion of Addition on Account of Difference in Balance of Creditors:The AO added Rs.88,000/- to the assessee's income due to a variance in the balance of creditors, specifically related to M/s. D. C. Infotech. However, the ld. CIT(A) accepted the assessee's explanation that the difference arose from unaccounted credit notes in the previous financial year. Consequently, the ld. CIT(A) deleted the addition after reviewing the detailed reconciliation provided by the assessee. The Tribunal found merit in the ld. CIT(A)'s decision, upholding the deletion of the Rs.88,000/- addition.Issue 3: Deletion of Addition on Account of Difference in Purchase and Sales:Regarding differences in purchase and sales figures, the AO added Rs.18,71,655/- to the assessee's income based on variations between reported and actual amounts. The assessee submitted party-wise details explaining the discrepancies, attributing them to VAT inclusion in the lists. The ld. CIT(A) accepted this explanation and deleted the addition after reviewing the reconciliation. The Tribunal concurred with the ld. CIT(A)'s decision, supporting the deletion of the Rs.18,71,655/- addition.Issue 4: Admission of Additional Evidence Without Opportunity to AO:The Revenue contested the admission of additional evidence by the ld. CIT(A) under Rule 46A, arguing that these details were not presented before the AO. Acknowledging this omission, the assessee's counsel conceded the point. The Tribunal, in the interest of justice and fair play, remanded the issues back to the AO for proper examination and verification of the details, directing the assessee to provide necessary information. Consequently, the Tribunal allowed Grounds 2 and 3 for statistical purposes, partially granting the Revenue's appeal.In summary, the Tribunal upheld the deletions of additions made on account of differences in final accounts, balance of creditors, and purchase/sales figures, while remanding certain issues back to the AO due to the admission of additional evidence without opportunity to AO.