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2019 (11) TMI 1003 - AT - Income TaxAssessment u/s 153A - Addition of milk purchase tanki - facts were disclosed in the P&L A/c - assessee submitted that the additions made in the impugned assessment orders are not at all based on any incriminating material/documents found during the course of search conducted. - HELD THAT:- In the Schedule the Profit and Loss Account under the head ‘Purchases” a detailed bifurcation of milk purchases under different heads have been mentioned and milk purchase tanki is specifically found in the details. Purchases have been shown at ₹ 17,27,01,506.74. It is the same amount which has been added by the Assessing Officer while framing assessment order u/s 143(3) r.w.s 153A When the entries have been duly made in the books of account, which have been subjected to audit and the audited financial statements of account were part of the return of income filed much before the date of search, which have been used by the Assessing Officer while framing the assessment order dated 28.07.2010 as mentioned hereinabove, such additions and such assessment orders cannot be accepted as the same are devoid of any incriminating material/documents found at the time of search. Addition on account of commission paid - HELD THAT:- A perusal of the audited report in Form No. 3CD, which is placed at page 31 of the paper book shows that under the details “Books of account maintained”, it is mentioned “Cash Book, ledger, stock register, bank book”, etc. Books are maintained on tally accounting software. It seems that this tally accounting software was seized during the search and the same has been treated as incriminating material. In our considered opinion, regular books of account of the assessee, by any stretch of imagination, cannot be treated as incriminating material forming basis of framing assessment u/s 153A r.w.s 143(3) Unexplained expenditure u/s 69C - Unexplained salary expenditure - HELD THAT:- We find that no independent material or evidence had been brought on record by the Assessing Officer to establish that the notings/jottings recorded on the loose sheet of paper represented unaccounted transaction. Initial onus is upon the assessee as the said document was found from his possession but at the same time, some logical inference has to be drawn from the seized document which, in the present case we are unable to draw. In our humble view, the said document can only be considered as a dumb document as the said document does not contain full details about the dates of payments and the recipient of the payments nor there is mention of any name of the employee. For want of details, the impugned document can only be considered as a dumb document. Considering the nature of document and jotting/notings made thereon, we are of the view that no addition can be made on the basis of such dumb document and addition is, accordingly directed to be deleted.
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