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2021 (9) TMI 1087 - AT - Income TaxUndisclosed sales - Difference in total sales shown in the VAT return filed and the total sales as per the trading account of the assessee - HELD THAT:- The assessee even before the Tribunal could not reconcile the difference as per the sales disclosed in the VAT return and as per the trading account maintained by the assessee. Since the assessee has not been able to dispel the finding of the A.O. and the CIT(A), the addition is upheld. Decided against assessee. Addition of toll charges by the IOC - Since the same was not offered to tax, the amount was added to the total income of the assessee - HELD THAT:- There is no dispute that the impugned amount received from IOC is not declared in the turnover of the assessee. The above amount whether it constitute income has not been disputed by the assessee before the Tribunal. Hence, the addition is confirmed. Enhancement of purchases by CIT-A - total purchases during the financial year 2014-2015 as per the IOC statement was more than trading account of the assessee showing purchases - HELD THAT:- As per the IOC statement, the total purchases made by the assessee was at ₹ 9,28,86,503. As per the assessee's trading account, the purchases from IOC is only a sum of ₹ 9,28,81,970. Therefore, the difference of ₹ 4,526 is sustained. As regards the enhancement, the CIT(A) relied on the purchases declared under the VAT return instead of statement of IOC. I noticed that there is no enhancement notice given by the CIT(A). Further the IOC had clearly stated that the assessee had made purchases only to the extent of ₹ 9,28,86,503. Therefore, the statement of IOC is to be taken as sacrosanct. Hence, the enhancement made by the CIT(A) is deleted. - Decided partly in favour of assessee.
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