2015 (8) TMI 215 - AT - Income Tax

Tribunal upholds deletion of unaccounted sales addition, verifies cash credit, dismisses loss in shares.

The Income Tax Officer, Ward-6 (2), Ahmedabad Versus Shri Pareshbhai C. Shah

The Income Tax Officer, Ward-6 (2), Ahmedabad Versus Shri Pareshbhai C. Shah - TMI Issues:- Deletion of addition of unaccounted sales- Direction to verify the contentions of the assessee regarding bogus cash credit- Upholding the order of the Assessing Officer- Restoration of the issue to the file of AO for verification- Disallowance of loss in shares derivative transactionsDeletion of Addition of Unaccounted Sales:The appeal by the Revenue challenged the deletion of an addition of Rs. 8,00,850 made on account of unaccounted sales. The Assessing Officer (AO) had initially made this addition based on discrepancies in the assessee's reported sales. The Commissioner of Income Tax (Appeals) upheld a partial addition of Rs. 1,62,000 and directed the AO to verify the remaining amount. The Tribunal upheld the CIT(A)'s decision, emphasizing that the AO failed to demonstrate how the retail business purchases were accounted for in the wholesale business transactions. The Tribunal confirmed the deletion of Rs. 8,00,850, as the evidence provided by the assessee was not refuted by the Revenue.Direction to Verify Bogus Cash Credit:The appeal also contested the direction given by the CIT(A) to the AO to verify the assessee's contentions regarding a bogus cash credit of Rs. 1,60,000. The Revenue argued against this verification, claiming that the CIT(A) was not justified in restoring the issue to the AO. However, the Tribunal upheld the CIT(A)'s decision, noting that the Revenue did not challenge the deletion of this addition in a separate appeal. The Tribunal found no reason to interfere with the CIT(A)'s order, thereby rejecting the Revenue's appeal on this ground.Disallowed Loss in Shares Derivative Transactions:The assessee raised a cross objection regarding the disallowance of a loss in shares derivative transactions amounting to Rs. 3,28,097. The Tribunal dismissed the grounds related to this loss, as the issue had become academic due to the deletion of the addition by the CIT(A). The Tribunal rejected this ground of the cross objection, stating that the authorities had the power to verify the cash credit, contrary to the assessee's argument based on section 44AF of the Income Tax Act.Conclusion:The Tribunal dismissed both the Revenue's appeal and the Assessee's cross objection, upholding the CIT(A)'s decision on the deletion of additions related to unaccounted sales and bogus cash credit. The Tribunal also rejected the cross objection's grounds related to the loss in shares derivative transactions, as the issue had been rendered academic. The judgment was pronounced on July 31, 2015, in Ahmedabad.