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TMI Blog2022 (3) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... ER PER RAJESH KUMAR, ACCOUNTANT MEMBER: The present appeal has been preferred by the assessee against the order dated 30.08.2018 passed by Ld. CIT(A)-13, Kolkata which in turn arises out of the assessment framed u/s 143(3) of the Act dated 26.12.2016. 2. The assessee has raised two effective issues in the various grounds of appeal. The first issue raised by the assessee is against the confirmat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sclosing the excess of stock found during the course of survey. Besides the sales discrepancy of Rs. 1,23,067/- was also not disclosed in the return as noted by the AO during the assessment proceeding. The AO called for the explanation of the assessee on the same failing which why the same should not be added to the income of the assessee. The assessee replied show cause notice by submitting that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 31.10.2013. During the course of survey, excess stock was determined at Rs. 35,85,955/- and after making allowance towards profit as the inventory was taken at selling price , a net addition of Rs. 22,62,597/-, was made. Similarly the unaccounted sale of Rs. 1,23,067/- found during survey were added by the AO. We note that the AO could not pin point any discrepancy in the books of accounts pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uced before the AO and the AO has failed to point out as to how the books of account were not correct. Similarly the Ld. CIT(A) has held that amount of undisclosed stock and sale were not accounted by the assessee without giving any findings as to how the books of account produced by the assessee were not correct. In our opinion, the addition of such types which are made during the course of surve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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