2020 (4) TMI 661 - AT - Income Tax

Appeal partially allowed for A.Y. 2010-11 on stock income denial, directing restriction to profit element on unaccounted sales.

The ITAT partially allowed the appeal for the A.Y. 2010-11, addressing the denial of benefit regarding stock income surrendered for unaccounted purchases. ... Unaccounted sales - Profit estimation - HELD THAT:- Impugned addition made and confirm is solely based on the statement of the assessee without any corroborative evidence. In the case of Rajesh Jain v/s DCIT [2004 (2) TMI 286 - ITAT DELHI-A] held that computation of undisclosed income solely on the basis of confessional statement of the assessee was not justified. Direct the A.O. to restrict the addition to the extent of ₹ 28,240/- being profit element on unaccounted sales. Appeal of the assessee is allowed in part. Issues:1. Denial of benefit of availability of stock income surrendered for unaccounted purchases.2. Charging of interest under sections 234B/234C & 234D of the Income Tax Act.3. Appeal for adding, amending, or altering grounds of appeal.Issue 1 - Denial of Benefit of Availability of Stock Income:The appeal was against the order of the ld. CIT(A) for the A.Y. 2010-11, where the assessee challenged the denial of benefit regarding the availability of stock income surrendered for unaccounted purchases. The AO had made double additions of the same income, which the assessee contended was impermissible in law. The ITAT analyzed the facts of the case, particularly the survey conducted on the business premises, and observed that the AO mistakenly treated suppressed sales as unexplained investments. The ITAT found discrepancies in the interpretation of the statements and transactions, concluding that the addition made was based on misconception of facts and law. The ITAT directed the AO to restrict the addition to the profit element on unaccounted sales, allowing the appeal in part.Issue 2 - Charging of Interest under Sections 234B/234C & 234D:The appellant contested the charging of interest under sections 234B/234C & 234D of the Income Tax Act by the AO. The ITAT noted the appellant's denial of liabilities for such interest and found that the interest charged was contrary to the provisions of law and facts of the case. However, the judgment did not provide specific details on the resolution of this issue.Issue 3 - Appeal for Adding, Amending, or Altering Grounds of Appeal:The appellant requested the ITAT to allow indulgences for adding, amending, or altering any of the grounds of appeal before the date of the hearing. The judgment did not elaborate on whether any modifications were made to the grounds of appeal.In summary, the ITAT's judgment addressed the denial of benefit regarding stock income surrendered for unaccounted purchases, highlighting the misinterpretation by the AO in treating suppressed sales as unexplained investments. The ITAT directed the AO to restrict the addition to the profit element on unaccounted sales, partially allowing the appeal. The judgment did not provide detailed resolution on the issue of charging interest under sections 234B/234C & 234D or the appeal for adding, amending, or altering grounds of appeal.