TMI Blog2022 (5) TMI 1373X X X X Extracts X X X X X X X X Extracts X X X X ..... lleged late receipt of invoices; taking a contention after two years that 23 invoices were received later on and still failing to lead any evidence to demonstrate that such invoices were received after the date of survey but the goods were received before the date of survey, entire case made by the assessee for the relief gets demolished. The contention seeking relief is based solely on the premise that certain goods were received in stock but the corresponding invoices were received after the date of survey. However, no evidence to corroborate such a version has been provided. It goes without saying that the onus to prove that the earlier admission at the time of survey was wrongly made, was on the assessee because it was he who was ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as made in the return filed. On being called upon to explain as to why the excess stock detected at the time of survey, which was also agreed to by the partner of the assessee firm, was not offered for taxation in the return, the assessee submitted that it had, vide its letter dated 15-04-2009, put forth the contention that some purchase bills were received after the date of survey which were not considered even though the goods had been received prior to that which were included in the actual stock. The AO rejected this contention and made the addition. The ld. CIT(A) affirmed the action of the AO. 4. I have heard the rival submissions and gone through the relevant material on record. Statement of the partner was recorded at commencemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears from the date of survey, that the assessee filed detail of such goods claimed to have been entered into survey stock for which the bills were not received up to the date of survey. It can be seen from such a detail that the assessee has made out a case that 23 purchase invoices dated between 5-1-2009 to 7-2-2009 worth Rs. 8,92,048/- were not recorded in the books of account as these were received post-survey though the goods were included in the inventory as on the date of survey. The ld. AR, on requisition, failed to lead any evidence to the effect that the goods against such invoices were received before the date of survey but the invoices were not entered as these were received later on. Given the fact that the actual stock was coun ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
