Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (7) TMI 1662 - AT - Income TaxAddition of undisclosed stock - HELD THAT:- Admittedly, the assessee engaged itself in the business of export of cotton garments, fabrics, etc. The assessee filed the details of purchase invoices and the lorry details by which the same was transported. Export of goods is not in dispute. AO doubts the purchase alone. When the export is not in dispute, this Tribunal is of the considered opinion the assessee could not have exported the goods without any purchase. Now coming to the contention of the Ld.DR that the assessee had furnished additional material and therefore there is violation of Rule 46A of the Income Tax Rules, a mere perusal of the order of the Ld.CIT(A) shows that no additional material was filed. CIT(A) simply referred to the documents filed before the AO and observed that the documents submitted clearly proves goods under dispute has been received by the assessee and exported. It does not spoke anything about the additional material. The details of invoice and the details of transport by lorry are available before the AO as well as Ld.CIT(A). Having furnished the details of the purchase invoice and the details of lorry before the Assessing Officer, this Tribunal is of the considered opinion the assessee has discharged its onus. Therefore the burden of proof shifts on the shoulders of the Revenue. The material available on record clearly establishes that there was purchase and export. CIT(A) has rightly deleted the addition made by the AO. - Appeal of the Revenue is dismissed.
|