2022 (12) TMI 578

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..... 2. Shri R. N. Ram, AR appeared on behalf of the assessee. Shri Vijay Kumar, Addl., CIT, Sr. DR appeared on behalf of the revenue. 3. Grounds raised by the assessee are reproduced as under: "1. That on the fact and circumstances of the case Ld. CIT(A)/NFAC/DELHI, erred in confirming the addition of Rs.9, 01,602/- made by Ld. A.O on account of refund of empty bottles from M/S. Asansol Bottling & Packaging Pvt. Ltd. and M/s. IFB Agro Industrial Limited which as per Ld. A.O was not disclosed and accordingly was reassessed u/s. 143(3)/147. 2. That on the fact and circumstances of the case Ld. CIT(A)/NFAC/DELHI erred in not appreciating the fact that a sum of Rs.5/- (five) per empty bottle is paid to the buyer after the said bottle is retu .....

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..... by you is inclusive of 7,22,830/- and Rs.4,68,440/- being empty bottle refund from Asansol Bottling Plant and IFB Agro industries Ltd. during the F.Y. 2013-14 (totalling Rs.11,91,270/-). The aforesaid amount of Rs.11,91,270/- in respect of empty bottle refund has not been credited in P/L A/c, and thus has not been disclosed as income from sales of empty bottled. In view of above facts, you are asked to show cause by 26.11.2018 as to why the aforesaid amount of Rs.11,91,270/- should not be treated as your undisclosed income and added to your income." 5. Assessee made its submissions and explained the facts of the case. Ld. AO inferred that a sum of Rs.1,14,432/- towards scheme cost/rebate and refund of empty bottles to the extent of .....

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..... book at page 26. He thus, pointed out that on this account, assessee had to pay a sum of Rs.8,87,195/- for which the ledger account is placed on record. He thus submitted that there is a total credit of Rs.12,91,295/- (Rs.11,91,270/- + Rs.1,00,025/-) and after deduction of the payment of Rs.8,87,195/- towards empty bottle there still remains a difference of Rs.4,04,100/- which has been duly offered for taxation as miscellaneous receipt by way of a credit in the audited P&L Account placed at page 19 of the paper book. He also pointed out to the ledger account of miscellaneous receipt placed at page 1 of the paper book which is reproduced as under: 8. He thus, strongly submitted that there is no suppression on the part of the assessee in res .....

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