TaxTMI 
TaxTMI 
2014 (12) TMI 307
X X X X Extracts X X X X
X X X X Extracts X X X X
....p; "Whether on facts and circumstances of the case, conclusion reached by the Tribunal is contrary to the facts and evidence, and whether the finding recorded is perverse or not ?" 3. The facts of the present case are that the return of income is fled on 13.8.1991 declaring a loss of Rs. 16,546/-. Copies of audited accounts, balance-sheet and tax audit report under sec. 44 AB have been filed. After considering the material on record, the AO has passed the assessment order. 4. Learned advocate Mr. Divatia appearing for the appellant has contended that while passing the assessment order, the AO has observed in para-3 as under: "3. Gross Profit: &n....
X X X X Extracts X X X X
X X X X Extracts X X X X
....969 = Rs.2,547/-Rs. 1,34,15,548 = 2679 Cm. 4412 Rs. 5007 This indicates a gross loss of Rs. 132/- per cubic meter. It may be highlighted that the cost of timber is so increasing regularly that there cannot be any loss. In an imported timber the customers are ready to pay any higher price. The statement is doubtful. However, in a closing stock in column of the same item the assessee has shown value at Rs. 31,27,179/- for 595.294C.M. i.e. Rs. 5,253/- per C.M. At this rate, the sale should be of Rs. 2,31,76,236/-. If this is taken then the addition would be so much higher that also cannot be accepted as reasonable. Thus, it is clear that there is some mistake in this statement. However, from above, it i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....size wise as desired by the department was concerned, the same was according to him not practicable. This is also correct in respect of the monthwise purchase and sales in terms of quantity as pointed out by the department was concerned. Again he pointed out that statement of certain bills to bills, purchases and sales transaction running into about 8 such instances was handed over to the Assessing Officer. This statement indicates that the GP runs from as low as of 0.65% in respect of the sale made by the appellant to the Woodcrafts products Ltd., to as high as that of 11.50% in respect of the sale made to the Western India Ltd. From this statement, the learned CA Shri Patel maintained that it was not correct that uniformly the GP rate of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....closing stock. From these arguments, the learned Shri Patel further tried to prove that the closing stock was being valued by the appellant at cost. Now if this cost price (Rs. 5,253/- per CM) was multiplied with the total sales of imported timber of 4412 CM, then no doubt the figure of Rs. 2,31,76,236/- could have been arrived at by the Assessing Officer, but he emphatically maintained that this would represent the sales (and consequently gross profit also) which an assessee could have earned but in fact did not earn. If this approach of the Assessing Officer was thus not correct, then the GP addition made by the Assessing Officer was also, he submitted; logically not correct inasmuch as for making this GP addition the Assessing Officer wa....
X X X X Extracts X X X X
X X X X Extracts X X X X
....a trader is taxable in his hands; income which he could have, but has not earned, is not made taxable as income accrued to him." This view is then reiterated in 91 ITR 9 (SC) in the Calcutta Discount Pvt. Ltd. Secondly, the G.P. of 15% for AY 1987-88 was for a year wherein there were erasers and overwriting which factors are totally absent in this year. Thirdly, the Assessing officer has stated several reasons in his favour like the cost of imported timber was increasing regularly for which the customers were ready to pay any high price, the statement of the appellant was doubtful, there was some mistake some wherein the appellant's statement, it was clear (to the Assessing Officer) that the imported timber was sol....