1982 (7) TMI 169 - AT - Income Tax

Summary

Issues:
1. Trading addition in the first and second year
2. Disallowance of scooter expenditure
3. Addition of stolen cash amount

Trading Addition:
The appeals involved trading additions of Rs. 45,340 in the first year and Rs. 15,600 in the second year, based on discrepancies found by the Income Tax Officer (ITO) in the gross profit rates declared by the assessee. The ITO estimated sales figures and applied higher gross profit rates due to alleged maintenance issues with the trading accounts. The assessee contended that as a wholesaler maintaining proper books of accounts with vouched purchases and sales, minor discrepancies should not warrant additions solely based on lower profit rates. The Appellate Tribunal found that the trading accounts were properly maintained, supported by vouched transactions and quantitative tallies. The Tribunal held that minor discrepancies should not disrupt the trading results, especially when the books were otherwise complete. Consequently, the additions for both years were deleted, considering the historical context of the case.

Disallowance of Scooter Expenditure:
Another issue was the disallowance of scooter expenditure at 1/3rd of the total claim, contested by the assessee as excessive. The Appellate Tribunal disagreed with the assessee's claim that no disallowance should be made but found the initial disallowance excessive. The Tribunal reduced the disallowance to 1/6th of the total claim, striking a balance between the parties' contentions.

Addition of Stolen Cash Amount:
In the second year, an additional issue arose concerning the theft of Rs. 1,674 from the shop of the assessee. The ITO and the Commissioner of Income Tax (Appeals) disallowed the claim due to lack of proof, as the assessee could not provide evidence or file an FIR. The assessee argued that the amount was relatively small and not filing an FIR was to avoid complicating the matter further. The Appellate Tribunal noted that in the business where significant cash transactions occur, small losses like this should not be added to the income merely due to procedural lapses. Consequently, the addition of Rs. 1,674 was deleted by the Tribunal.

In conclusion, the appeal was partly allowed, with the trading additions for both years being deleted, the disallowance of scooter expenditure reduced, and the addition of stolen cash amount being deleted based on the Tribunal's analysis and findings.