2010 (1) TMI 948 - HC - Income Tax

Addition on the basis loose paper found during the course of survey - sale of bardana - held that - The Tribunal has found that this sale of bardana was entered in the books of account on December 27 2001 and thereafter the profit and loss accounts were drawn up and the computation of income was based on the profit as per the profit and loss accounts therefore the computation of income included the alleged unaccounted sale of bardana also. The Assessing Officer ignoring the aforesaid aspects of the matter had made an addition in respect of the alleged sale of bardana. - Deletion of addition by the tribunal confirmed. Addition on account of cash found during the course of survey - held that - the amount of Rs. 10 lakhs cash found during the course of survey was duly entered in the books of account and the same did not remain unrecorded and it was not unaccounted. The Tribunal noted that the addition of the same amount again during the assessment proceedings amounted to double addition since it was already shown in the books of account. - Decided in favor of assessee.

Summary

Issues Involved:
- Appeal under section 260A of the Income-tax Act, 1961 against the order of the Income-tax Appellate Tribunal for the assessment year 2002-03.
- Addition of Rs. 10 lakhs in respect of the sale of bardana and cash found during the survey.
- Deletion of Rs. 10 lakhs in respect of unaccounted sales.
- Tribunal's decision on the deletion of the additions made by the Assessing Officer.

Analysis:

1. The case involved an appeal under section 260A of the Income-tax Act, 1961 against the order of the Income-tax Appellate Tribunal for the assessment year 2002-03. The appellant-Department challenged the deletion of Rs. 10 lakhs added by the Assessing Officer for the sale of bardana and cash found during the survey.

2. The Assessing Officer had made additions based on loose papers found during the survey, indicating unaccounted sales of bardana and cash amounting to Rs. 10 lakhs each. The Commissioner of Income-tax (Appeals) and the Tribunal had differing views on the additions. The Tribunal found that the sales of bardana were entered in the books of account after the survey, and the cash found was related to the realization of these sales.

3. The Tribunal detailed that the sales of bardana mentioned in the loose papers were later recorded in the books of account, and the computation of income included these sales. Therefore, the Tribunal affirmed the deletion of Rs. 10 lakhs added by the Assessing Officer. The Tribunal also noted that the cash found during the survey was duly entered in the books of account, and adding this amount again during assessment would result in double addition.

4. The Tribunal's analysis and reasoning were found to be based on factual analysis and did not suffer from any error. The High Court concluded that the appeal did not involve any substantial question of law as the issue raised by the appellant was concluded by questions of fact. Consequently, the appeal was dismissed in limine.

This comprehensive analysis of the judgment highlights the key issues, the arguments presented, and the reasoning behind the Tribunal's decision, ultimately leading to the dismissal of the appeal by the High Court.