1980 (10) TMI 114 - AT - Income Tax

Tribunal allows appeal, deletes Rs. 21,261 for low yield, upholds Rs. 4,320 penalty.

The tribunal partially allowed the appeal, deleting the addition of Rs. 21,261 on account of low yield from ground-nuts while upholding the disallowance ... - Issues:1. Addition of Rs. 21,261 on account of low yield from ground-nuts.2. Addition of Rs. 11,175 on account of penalty levied under the ST Act.Analysis:1. The appeal was filed by the assessee challenging the addition of Rs. 21,261 on account of low yield from ground-nuts. The ITO estimated the yield at 39% and added the deficit yield amount to the total income. The CIT (A) upheld the addition made by the ITO. The assessee presented a comparative chart of yield of ground-nut oil for different assessment years to support their case. The tribunal observed that the yield of 38.25% disclosed by the assessee was reasonable based on the comparative chart. The tribunal noted that the ITO did not provide reasons for rejecting the book results and found the assessee's maintenance of a day-to-day yield register credible. Consequently, the addition on account of low yield was deleted.2. The second issue pertained to the addition of Rs. 11,175 on account of penalty levied under the ST Act. The ITO disallowed this amount, which was upheld by the CIT (A). The assessee argued that only Rs. 4,320 was debited to the profit and loss account for sales tax penalties, contrary to the disallowed amount. The Department verified this claim and agreed that the correct amount was Rs. 4,320. The assessee admitted that this sum was indeed paid as a penalty under sales tax laws, leading to the tribunal upholding the disallowance of Rs. 4,320 instead of Rs. 11,175 as decided by the CIT (A).In conclusion, the tribunal partially allowed the appeal, deleting the addition of Rs. 21,261 on account of low yield from ground-nuts while upholding the disallowance of Rs. 4,320 for penalty levied under the ST Act.