Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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The ITAT upheld the ld.CIT(A)'s decision to treat the excess stock found during the survey as business income, dismissing the revenue's appeal. The AO failed to produce cogent evidence of income from sources other than the jewellery business. The tribunal accepted the assessee's explanation regarding the separate ledger for old gold purchases, increasing the book stock and reducing the excess stock to 11,390.212 grams. The addition was restricted accordingly. Regarding valuation, the tribunal rejected the AO and ld.CIT(A)'s higher rate of Rs. 2,800 per gram and the assessee's lower rate of Rs. 2,296 per gram, adopting Rs. 2,409 per gram as agreed by the assessee in correspondence, to compute income from excess stock. This approach balanced the competing valuations and concluded the matter.
The ITAT upheld the ld.CIT(A)'s decision to treat the excess stock found during the survey as business income, dismissing the revenue's appeal. The AO failed to produce cogent evidence of income from sources other than the jewellery business. The tribunal accepted the assessee's explanation regarding the separate ledger for old gold purchases, increasing the book stock and reducing the excess stock to 11,390.212 grams. The addition was restricted accordingly. Regarding valuation, the tribunal rejected the AO and ld.CIT(A)'s higher rate of Rs. 2,800 per gram and the assessee's lower rate of Rs. 2,296 per gram, adopting Rs. 2,409 per gram as agreed by the assessee in correspondence, to compute income from excess stock. This approach balanced the competing valuations and concluded the matter.
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