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2019 (9) TMI 149 - ITAT KOLKATAAddition made on account of valuation of stock found in the survey proceedings - reliance upon statement by the son of the proprietor who is partner in another partnership firm - evidence to show that the excess stock alleged to have been found at the warehouse premises as surveyed - HELD THAT:- In view of the decision of Hon’ble Supreme Court in the case of S. Khader Khan & sons [2013 (6) TMI 305 - SC ORDER] it is to be noted that there cannot be addition made on account of statements recorded under survey proceedings conducted u/s 133A of the Act and therefore the addition made in the present case in the hands of assessee is not maintainable only for the reason that the addition was made by Assessing Officer and confirmed by the CIT(A) is solely based on the statement of Shri Ajoy Kr. Das which was alleged to have been confirmed by the assessee during the course of survey. In the present case there was no evidence to show that the excess stock alleged to have been found at the warehouse premises bearing no.54/14, this belongs to assessee and the addition made in the hands of assessee is not maintainable. Therefore in view of our discussion made hereinabove paras, we delete the addition made by the Assessing Officer and confirmed by the CIT(A). Thus order of CIT(A) is set aside, only ground raised by the assessee is allowed.
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