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2022 (4) TMI 482 - AT - Income TaxGross profit on deficit of stock - Disclosure made by the assessee during the survey operation - survey operation under section 133A on the premises of the assessee - As per the assessee such disclosure was made to cover up the transactions of unaccounted sales, deficit of stock and other cash transactions. Accordingly, it was contended that there cannot be any separate addition to the total income of the assessee representing the gross profit on the unaccounted sales - Primary onus to prove - HELD THAT:- Assessee has not discharged its onus by producing the primary documents in support of its contention. The primary onus lies on the person who asserts the preposition and not on the person who denies. Moving further, AR at the time of hearing drew our attention on the letter dated NIL written by the director of the company to justify that the disclosure of ₹ 2 crores includes the transactions of the unaccounted sales.We have gone through the letter furnished by the director of the assessee company. In such letter, we note that there was the discussion and admission of the unaccounted sales. From the impugned letter, it is revealed that it starts with the words “in addition to the above”. These words suggest that the additions of ₹ 2 crores has been made by the assessee besides the disclosure of ₹ 33,50,310/- only. Moreover, we find that the assessee failed to provide the primary documents to appreciate whether the cash transactions is inclusive of unaccounted sales. Therefore, we are not inclined to concur with the arguments of the learned counsel for the assessee. Hence, in the given facts and circumstances, particularly in the absence of the primary documents, we are not inclined to interfere in the finding of the authorities below. Hence the ground of appeal of the assessee is hereby dismissed.
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