2005 (11) TMI 36 - HC - Income Tax

Income from Undisclosed Sources Additions - 1. Whether the Tribunal is correct in concluding that the addition being the difference in valuation of closing stock as at March 31 1994 applying different method of valuation by the respondent/Assessing Officer in contrast to the facts existed in the earlier years was justified based on assumption of certain facts? 2. Whether the Tribunal is correct in confirming the said addition consequent to the revaluation of closing stock of cotton upon ignoring the consistent method of valuation of the said stock of cotton based on cost or market price whichever is lower adopted by the appellant over the period of years and accepted in assessments framed in those years? - finding of Tribunal that the explanation offered by the assessee was not found to be bona fide and thus concealed the income to evade tax and this attracts the provisions of section 271(1)(c) are well founded - substantial questions of law raised in the above appeals are answered in the affirmative against the assessee

Summary

Issues:
1. Valuation of closing stock of cotton for assessment year 1994-1995.
2. Levy of penalty under section 271(1)(c) of the Income-tax Act.

Valuation of Closing Stock of Cotton:
The case involved an appeal against the addition of Rs. 25,55,192 as the cotton lying was allegedly undervalued. The Tribunal concluded that the stock of cotton was of SG variety valued at Rs. 39.76 per kg, contrary to the appellant's claim of RG variety at Rs. 29.37 per kg. The Tribunal found the appellant's valuation method incorrect, as it used the last purchase price of RG variety for SG variety. The court upheld the Tribunal's decision, stating that the appellant failed to provide the correct market value of SG variety, justifying the addition made by the authorities. The court declined to interfere with the Tribunal's factual findings, leading to the dismissal of the appeal regarding the addition of Rs. 25,55,192.

Levy of Penalty under Section 271(1)(c) of the Income-tax Act:
Regarding the penalty imposed of Rs. 14,69,230 under section 271(1)(c) for concealing income and furnishing inaccurate particulars regarding the valuation of closing stock, the appellant argued against the penalty, claiming it was against the provisions of the Income-tax Act. The Tribunal found that the appellant furnished inaccurate particulars and offered a false explanation, resulting in undervaluation of SG variety of cotton. The Tribunal deemed the explanation not bona fide, concluding that the appellant concealed income to evade tax, invoking section 271(1)(c) of the Act. The court upheld the Tribunal's decision, stating that the findings were well-founded and cogent. It emphasized that appellate courts should not interfere with concurrent factual findings unless there are clear errors. Consequently, the court answered the substantial questions of law against the assessee, leading to the dismissal of the appeals without costs.

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