2016 (6) TMI 1078 - AT - Income Tax

Tribunal orders reassessment due to lack of opportunity, stresses natural justice

Mega Star Wood Pvt. Ltd. Versus ITO 5 (2) -3, Mumbai

Mega Star Wood Pvt. Ltd. Versus ITO 5 (2) -3, Mumbai - TMI Issues Involved:1. Confirmation of additions made by the Assessing Officer.2. Disallowance of interest amounting to Rs. 1,51,974/-.3. Addition of Rs. 11,62,184/- as unexplained purchases.4. Directions to enhance income without valid notice or opportunity.5. Legality and validity of the Commissioner of Income Tax (Appeals) order.Issue-wise Detailed Analysis:1. Confirmation of Additions Made by the Assessing Officer:The assessee company, a dealer in timber and plywood, showed discrepancies in its purchases and sales figures. The Assessing Officer (AO) noted a difference of Rs. 12,62,184/- between the purchases shown in the Profit & Loss (P&L) account and the details of sundry creditors submitted. The assessee attributed this to a typing error, but the AO found inconsistencies in the stock statement and sundry creditors list, leading to the addition of Rs. 11,62,184/- to the total income as unexplained purchases.2. Disallowance of Interest Amounting to Rs. 1,51,974/-:The AO disallowed interest of Rs. 1,51,974/- claimed by the assessee on a cash credit facility, observing that the funds were used by the sister concern, M/s Maklai Timber Mart, rather than for the assessee's business. The interest was added back to the total income, as the funds were not utilized for the assessee's business purposes.3. Addition of Rs. 11,62,184/- as Unexplained Purchases:The AO added Rs. 11,62,184/- to the assessee's income due to discrepancies in the purchase details. The assessee's explanation of a typing error was not accepted, as the figures in the stock statement and sundry creditors list did not match. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld this addition, citing the lack of a stock register and quantitative details, and doubted the authenticity of the assessee's accounts.4. Directions to Enhance Income Without Valid Notice or Opportunity:The CIT(A) directed the AO to add Gross Profit (GP) on unrecorded purchases, suspecting that the assessee might have earned profit from out-of-books sales. However, it was admitted that no notice was served to the assessee before this enhancement, violating principles of natural justice.5. Legality and Validity of the Commissioner of Income Tax (Appeals) Order:The Tribunal noted that the CIT(A) did not provide an opportunity to the assessee before enhancing the assessment. Consequently, the Tribunal set aside the additions and directed the AO to re-examine the issues de novo, considering all relevant evidence and explanations provided by the assessee. The AO was instructed to ensure proper reconciliation of stock and verification of the genuineness of purchases, particularly from the sister concern, M/s Maklai Timber Mart.Conclusion:The Tribunal allowed the appeal for statistical purposes, directing a de novo assessment by the AO, ensuring adherence to principles of natural justice and providing the assessee with an adequate opportunity to present its case. The order was pronounced in the open court on 3rd June 2016.