2023 (10) TMI 770 - AT - Income Tax

Tribunal Cancels Additions for Bogus Purchases and Unexplained Cash, Criticizes CIT(A)'s Contradictory Stance on Stock Records

M/s. Gudwala And Sons Versus Assistant Commissioner of Income Tax, Central Circle-04, New Delhi.

M/s. Gudwala And Sons Versus Assistant Commissioner of Income Tax, Central Circle-04, New Delhi. - TMI Issues Involved:1. Addition on account of purchases treated as bogus.2. Addition on account of unexplained cash.3. Enhancement of income on account of unrecorded stock.Summary:Issue 1: Addition on account of purchases treated as bogusThe assessee challenged the addition of Rs. 11,21,920/- for purchases treated as bogus. The Assessing Officer (AO) disallowed these purchases due to non-response from suppliers to notices under Section 133(6). The CIT(A) upheld the AO's decision, citing the assessee's failure to discharge the onus of proving the genuineness of purchases. The Tribunal found that the assessee had provided confirmations and payments through banking channels, and the transactions were recorded in the stock register. Given the nature of the business and the extensive compliance by other suppliers, the Tribunal ruled in favor of the assessee, setting aside the CIT(A)'s action and canceling the additions.Issue 2: Addition on account of unexplained cashThe AO added Rs. 3 crore as unexplained cash found during a search, rejecting the assessee's explanation that it was from cash sales. The CIT(A) upheld this addition, relying on the partners' statements during the search. The Tribunal noted that the main office, where books were maintained, was not searched. The books, produced post-search, showed a cash balance of Rs. 3.74 crore, explaining the cash found. The Tribunal found the partners' statements unreliable due to alleged duress and lack of cross-examination post-retraction. The Tribunal ruled that the cash sales were genuine, and the cash found was sufficiently explained, thus deleting the addition.Issue 3: Enhancement of income on account of unrecorded stockThe CIT(A) enhanced the income by Rs. 3,13,44,002/- for unrecorded stock found during the search, relying on the partners' statements. The Tribunal noted that the stock was recorded in the books maintained at the main office and the AO had not rejected these books. The Tribunal found the partners' statements unreliable and noted that the stock found matched the stock records. The Tribunal also highlighted the paradox in the CIT(A)'s stance, questioning cash sales while treating the stock as unaccounted. The Tribunal set aside the CIT(A)'s enhancement action and deleted the addition.Conclusion:The Tribunal allowed the appeal, ruling in favor of the assessee on all three issues, setting aside the additions and enhancement made by the CIT(A).