2008 (2) TMI 177 - HC - Income Tax

During search some loose sheets disclosed unaccounted cash sales additions made - Revenue had not proved by bringing any material on record that the assessee had made any investment to made the alleged unaccounted sales - Tribunal held that the assessee could not be taxed on the entire amount of Rs.10, 85, 003/- but was liable to be taxed only on the gross profit earned on the said sales finding of tribunal did not call for any interference revenue appeal dismissed

Summary

Issues:
1. Deletion of addition of Rs.10,85,003/- made on account of unaccounted cash sales.

Analysis:
The case involved a dispute regarding the addition of Rs.10,85,003/- on account of unaccounted cash sales for the Assessment Year 1984-85. The Income-Tax Appellate Tribunal referred the question to the High Court, challenging the deletion of the said addition. The search proceedings under Section 132 of the Income-Tax Act revealed loose sheets reflecting sales not recorded in the Books of Accounts of the assessee's trading business. The Income-tax Officer added the unaccounted sales amount to the total income of the assessee, citing lack of corresponding entries in the regular books of accounts. The Commissioner (Appeals) partly allowed the appeal, deleting the addition but sustaining the Gross Profit addition on the difference of sales amounting to Rs.2,43,339/-.

The Revenue appealed against the Commissioner's order, leading to a difference of opinion between the Tribunal members. The matter was referred to a 3rd Member of the Tribunal, who agreed with the Accountant Member's view. The Tribunal held that the assessee should only be taxed on the gross profit earned from the unaccounted sales, considering the purchases were from reputed companies and fully vouched. During the hearing, it was noted that the Revenue failed to provide any material proving the assessee's investment in the alleged unaccounted sales.

The High Court, after considering the arguments, upheld the Tribunal's decision to delete the addition of Rs.10,85,003/- on account of unaccounted cash sales. The Court found no evidence of unexplained investment by the assessee related to the unaccounted sales, thereby justifying the taxation of only the gross profit earned on the said amount. Consequently, the question was answered in favor of the assessee, leading to the disposal of the reference with no order as to costs.