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2015 (10) TMI 77 - AT - Income TaxUn-recorded sales - difference in sales as declared by the assessee to the sales tax authority and as shown in the P & L Account - Held that:- As regards the explanation of the assessee that the difference is also on account of APGST and CST amounting to ₹ 5,03,441 and ₹ 1,70,070 respectively, it is noted from the final assessment order passed by the concerned sales tax authority that these taxes are separately levied on the gross turnover of ₹ 1,66,66,050 determined by them after excluding the exempted turnover of ₹ 59,99,210. The said turnover determined by the sales tax authorities thus is not of sales tax and it cannot be said that there is a difference between such sales and the sales as credited by the assessee to the P & L account which again is net of sales tax, on account of the amount of sales tax. The explanation offered by the assessee while reconciling the difference in sales to this extent thus is not acceptable. As such considering all the facts of the case and the material placed on record before us, we hold that the difference in sales to the extent of ₹ 5,91,140 being purchase of fire wood and ₹ 68,915 being sale of packaging material stands explained and the addition made by the A.O. and confirmed by the Ld. CIT(A) on this issue is required to be deleted to that extent. We therefore, modify the impugned order of the Ld. CIT(A) and allow the appeal of the assessee partly. - Decided partly in favour of assessee
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