Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2012 (5) TMI 633

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... CA ORDER PER BENCH: This appeal of the Revenue arises from the order of the CIT(A), Amritsar, dated 12.07.2011 for the assessment year 2007-08. 2. The Revenue has raised following grounds of appeal: "1. On the facts and in the circumstances of the case the Ld. CIT(A) has erred in deleting the addition made by the AO at ₹ 10,07,595/- by invoking the provisions of section 69 of the I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng it to a clerical mistake. 4. On the facts and in the circumstances of the case the Ld. CIT(A) has failed to appreciate that the burden to prove that the quantity of stock given in the statement furnished to the bank was correct, had been on the assessee in view of the provisions of section 69 of the Income Tax Act, 1961. 5. On the facts and in the circumstances of the case the judgement o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nfirmed that cement worth ₹ 10,72,575/- towards 4704 bags of cement hypothecated to the bank as on 31.3.2007 which gave a vast variation of ₹ 10,07,595/- ( as per information supplied by assessee's bankers as on 31.03.2007 at ₹ 10,72,575 (4704 bags @ ₹ 228/- per bag) minus closing stock valued as per closing stock in the trading account as on 31.03.2007 at ₹ 64,980/- ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... inflated or suppressed so as to show under valuation of the closing stock. The assessee all along had been admitting of exaggerated reporting of its closing stock of cement to its bankers to secure over-draft limit. Therefore, the AO was not justified in making addition under section 69 in view of the decisions of various courts of law relied upon by the Ld. CIT(A). The Ld. CIT(A) accordingly del....