2025 (7) TMI 125 - AT - Income Tax

Excess stock found during the survey - addition in respect of alleged shortage of stock - AR submits that the stock was quantified and valued by the Departmental Officials during survey wherein various scrap items available were also included in the total quantity and value of the stock and no credit is allowed despite the details provided by the assessee - CIT(A) based on the working of the assessee reduced the additions and further deleted the profit estimated by AO on such excess stock - HELD THAT - Before us the assessee has failed to bring on record any evidences with respect to the claim that scrap/damaged goods which were included in the total quantity of stock as quantified by the survey authorities. However possibility of damaged/ defective stock merged into regular stock cannot be ruled out. Under these circumstances in our considered opinion further credit of 20% should be given on account of the possibility of damaged/defective stock merged into total stock quantified by the survey authorities. Accordingly the addition of Rs. 11, 04, 629/- is further reduced by the sum of Rs. 2, 20, 925/- and the confirm and balance addition. According Ground of appeal no.1 of the assessee is partly allowed. Addition being the profit @ 12% on such shortage of stock confirmed. Disallowance of salary - AO has based on the statements of the Ms. Shilpa Behal employee and relative of Director available at the time of survey - HELD THAT - From the perusal of the statements of Ms. Shilpa Behal and also considering the fact that assessee premises is having of four floors where goods were lying which fact is verified by the department during survey. We find force in the arguments of Ld. AR that services of labour were obtained on daily basis to arrange the stock lying in the shop at all the floor. Further services of employees are required to manage each floor. With regard to accounting charges total annual payment of Rs. 60, 000/- was claimed as aid to accountant which is quite reasonable looking to the volume of business. We find that the claim of payment salary at Rs. 6, 00, 000/- on the total turnover Rs. 2.20 crores of retails sales of petty electronic items is reasonable and thus is allowed. Appeal of the Assessee is partly allowed.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Tribunal in this appeal are:

(a) Whether the addition of Rs. 11,04,629/- sustained by the CIT(A) on account of alleged excess stock found during survey was justified and lawful;

(b) Whether the addition of Rs. 2,02,239/- on account of alleged shortage of stock, treated as undisclosed sales with application of gross profit rate, was justified and sustainable;

(c) Whether the disallowance of Rs. 2,28,000/- out of total salary expenses of Rs. 6,00,000/- debited in the profit and loss account was justified and in accordance with law.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (a): Legitimacy of addition on account of excess stock found during survey

The legal framework involves provisions under the Income Tax Act, 1961, including sections related to search and seizure (Section 132), survey (Section 133A), and assessment proceedings under Section 153C. The valuation and quantification of stock during survey are critical evidentiary elements in determining undisclosed income.

The AO, relying on the physical stock quantification and valuation done during survey, observed excess stock of Rs. 38,83,430/-, which was added to the total income. The CIT(A), after considering the assessee's reconciliation and detailed working, reduced this addition to Rs. 11,04,629/-. The assessee contended that the survey valuation included scrap and defective items which were not segregated and argued that the valuation was not accurate due to the nature of the goods (small size, similar appearance, packed in thin polythene), leading to mixing and valuation difficulties.

The Tribunal noted that the stock was inventoried and valued by departmental officials in the presence of the assessee's employees who assisted in cost identification. The assessee's claim of inclusion of scrap and defective stock was not substantiated by documentary evidence before the Tribunal. However, the Tribunal acknowledged the possibility of damaged/defective stock being merged with regular stock, which could justify some reduction in the addition.

Applying this reasoning, the Tribunal granted a further 20% credit on the addition of Rs. 11,04,629/-, reducing it by Rs. 2,20,925/-, thereby partially allowing the ground of appeal. The Tribunal thus balanced the departmental valuation and the assessee's contention, applying a pragmatic approach in the absence of conclusive evidence.

Competing arguments involved the Department's reliance on the survey valuation as final and the assessee's plea of valuation errors due to mixed and defective stock. The Tribunal found the Department's valuation generally reliable but allowed a reasonable adjustment in favour of the assessee.

Issue (b): Addition on account of shortage of stock treated as undisclosed sales

The AO applied a gross profit rate of 12% on the shortage of stock amounting to Rs. 2,02,239/-, treating it as undisclosed sales. The CIT(A) upheld this addition.

The assessee argued that the shortage was due to mixing of items and could not be properly reported during physical stock verification. The Tribunal, however, found no error in the CIT(A)'s order and dismissed this ground, implying that the Department's treatment of shortage as undisclosed sales was justified under the circumstances.

The legal principle applied here is that unexplained shortage in stock may be treated as undisclosed income, and the application of a gross profit rate to estimate undisclosed sales is a recognized method upheld by precedent.

Issue (c): Disallowance of salary expenses

The AO disallowed Rs. 2,28,000/- out of total salary expenses of Rs. 6,00,000/- based on statements of an employee who was a relative of the Director and other material on record. The CIT(A) confirmed this disallowance.

The assessee contended that the full amount was genuinely paid for salaries and labour charges related to the operation of a multi-floor business premises where goods were stored and handled daily. The assessee also claimed Rs. 60,000/- towards accountancy charges, which were reasonable and necessary for maintaining accounts.

The Tribunal examined the facts, including the departmental verification of the premises comprising four floors with goods stored and handled, and found the assessee's claim reasonable. It noted that labour services were required daily for loading, unloading, and arranging stock, and that accounting charges were modest relative to the business volume.

The Tribunal allowed the full salary expenses of Rs. 6,00,000/-, deleting the disallowance of Rs. 2,28,000/-. This reflects the principle that expenses incidental and necessary to business operations, supported by factual verification, should be allowed as deduction under the Act.

Competing arguments involved the Department's reliance on statements and partial allowance, while the assessee provided contextual justification based on business operations and premises layout. The Tribunal preferred the latter, emphasizing reasonableness and business necessity.

3. SIGNIFICANT HOLDINGS

On the issue of excess stock, the Tribunal held: "Possibility of damaged/ defective stock merged into regular stock cannot be ruled out. Under these circumstances, in our considered opinion, further credit of 20% should be given on account of the possibility of damaged/defective stock merged into total stock quantified by the survey authorities." This establishes a principle of allowing reasonable adjustments where valuation during survey may include defective items not separately identified.

Regarding shortage of stock treated as undisclosed sales, the Tribunal affirmed the established principle that unexplained shortages can be treated as undisclosed income and gross profit rate application is a valid method of estimation.

On salary disallowance, the Tribunal concluded: "In view of these facts, we find that the claim of payment salary at Rs. 6,00,000/- on the total turnover Rs. 2.20 crores of retail sales of petty electronic items is reasonable and thus, is allowed." This underscores the principle that genuine business expenses, supported by operational facts, must be allowed.

Final determinations were:

(i) The addition on account of excess stock is reduced from Rs. 11,04,629/- to Rs. 8,83,704/- after allowing 20% credit for defective/damaged stock;

(ii) The addition on account of shortage of stock at Rs. 2,02,239/- was upheld;

(iii) The disallowance of salary expenses of Rs. 2,28,000/- was deleted, allowing the full claimed amount of Rs. 6,00,000/-.