2022 (8) TMI 206 - HC - Income Tax

High Court allows appeal, rules for assessee, remands to ITAT. Discrepancies found in ITAT's decision.

The High Court allowed the appeal, ruled in favor of the assessee, and remanded the case to the ITAT for fresh orders. The Court found discrepancies in ... Suppressed profits from the unaccounted transactions - Estimation of Profit element on unaccounted sales - Addition as difference as unexplained investment and adjusted the same in the closing stock - HELD THAT:- According to ITAT, CIT(A) had taken profit element on unaccounted sales at 1% of unaccounted sales and considered the balance amount of difference as unexplained investment and adjusted the same in the closing stock. Shri. Chandrasekar is right in his submission that this finding is not found in the order passed by CIT(A). ITAT has recorded a further finding that assessee had adjusted the closing stock in re-cast accounts. If this finding is accepted, the question of adjusting the difference as 'unexplained investment' does not arise. Appellant has raised this specific ground in Memorandum of appeal. Thus, we are of the considered view that the findings recorded by the ITAT in para 11.5.6 is not sustainable and therefore, this appeal merits consideration. Issues:1. Addition of undisclosed income by the Assessing Officer.2. Justification of the Tribunal's decision on unaccounted sales and purchases.3. Confirmation of undisclosed investment without factual foundation.Issue 1: Addition of undisclosed income by the Assessing OfficerThe case involved an HUF running a business where unaccounted sales and purchases were identified during a survey under Section 133A of the Income Tax Act. The Assessing Officer added a suppressed profit of Rs. 25,64,032 based on the unaccounted transactions. The CIT(A) and ITAT upheld this addition, leading to the appeal. The appellant contested the findings, arguing that the CIT(A) had dismissed the appeal without providing reasons, which was refuted by the ITAT. The Revenue justified the Assessing Officer's decision based on the unchallenged concealment of sales particulars. The High Court reviewed the contentions and records, ultimately finding discrepancies in the ITAT's conclusion regarding the adjustment of unexplained investment in the closing stock. Consequently, the High Court allowed the appeal, answered the questions of law in favor of the assessee, and remanded the case to the ITAT for fresh orders.Issue 2: Justification of the Tribunal's decision on unaccounted sales and purchasesThe Tribunal had affirmed the CIT(A)'s findings that the difference between unaccounted sales and purchases included a 1% profit from the unaccounted transactions and the remaining amount represented undisclosed investment in unaccounted purchases. The ITAT supported this conclusion by noting the adjustment of closing stock in the re-cast accounts by the assessee. However, the High Court observed that the CIT(A) did not explicitly make this finding in their order, leading to a lack of factual basis for the adjustment of unexplained investment. The High Court determined that the ITAT's conclusion was unsustainable and required reconsideration. As a result, the High Court allowed the appeal, favored the assessee on the questions of law, and directed the ITAT to re-examine the matter and issue fresh orders based on the observations made.Issue 3: Confirmation of undisclosed investment without factual foundationThe Tribunal confirmed a substantial amount as undisclosed investment without a factual foundation, relying on the adjustment made by the assessee in the closing stock. The High Court scrutinized the orders passed by the CIT(A) and ITAT, highlighting the discrepancies in the findings and the lack of explicit reasoning for considering the difference as unexplained investment. The High Court concluded that the ITAT's decision was not sustainable and required further evaluation. Consequently, the High Court allowed the appeal, ruled in favor of the assessee on the raised questions of law, and instructed the ITAT to re-examine the case and issue fresh orders based on the provided observations.This detailed analysis of the judgment covers all the issues involved comprehensively, outlining the arguments presented by both parties and the High Court's ultimate decision.