Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (3) TMI 1342 - AT - Income TaxValidity of Survey proceedings u/s 133A conducted in absence of assessee - Manner of conducting survey u/s 133A - excess stock containing the ornaments given by the customer for repairs/re-modelling available at the stock at the time of the survey - additional income in the hands of the assessee who happens to be the proprietor of the business - HELD THAT:- It is also not in dispute that the summons, u/s 131 of the Act were issued to the assessee on 7.11.2012 itself requiring her presence on 8.11.2012 before the Income Tax Authorities. Assessee did not present herself as required in the summons but on the other hand, the husband of the assessee was present on 8.11.2012 before the authorities and he submitted before the authorities that in part performance of his promise, he paid a sum of ₹ 5.00 lakhs for the A.Y 2013-14 towards advance tax and produced the copy of challan. Subsequently on 18.12.2014, though the assessee challenged the authority of her husband to give any statement binding her, did not dispute the fact of survey or the findings of any excess stock during that survey worth - Even at that time also, the assessee did not plead about the errors, if any, in the valuation of jewellery or that part of excess stock contains the gold ornaments received from or being given by certain customers for repairs/re-modelling available in the shop. Even during the appeal before us also, no details of such customers or the gold ornaments attributable to them are produced. There was a time gap of more than 3 ½ years between the survey operation and the assessee giving her statement before the Income Tax Authorities. If the plea taken by the assessee is correct, the assessee should have brought it to the notice of the authorities her grievance in respect of the manner of conducting the survey or manner of valuing the excess stock or the details about the gold ornaments that were given for repairs/re-modelling by the customers. It could be seen from the record that even during the stage of first appellate proceedings, the assessee did not mince many words nor had she took any such plea on those aspects. The assessee is taking several pleas at several stages and they did not fit in the conduct of an ordinary prudent person. We are therefore, not inclined to accept the plea taken by the assessee before us and the learned CIT (A) considered these aspects in a proper way while granting relief and declining to delete the addition to the extent - We, therefore, do not propose to interfere with the findings of the learned CIT (A). The appeal of the assessee is accordingly found to be devoid of merits and dismissed. Appeal of the assessee is dismissed.
|