Income Tax

Addition for undisclosed purchases based on diary of supplier deleted as no addition was made for unaccounted sales in the hand of supplier

Addition for undisclosed purchases based on diary of supplier deleted as no addition was made for unaccounted sales in the hand of supplier surveyed

ABCAUS Case Law Citation:
ABCAUS 2440 (2018) 07 ITAT

The instant appeal was filed by the assessee against the order passed by the CIT(A) in confirming the addition made towards unaccounted sales allegedly to have been made to assessee company.

A survey operation was conducted in the premises of a supplier company during which some unaccounted sales made to the assessee was noted. In the course of assessment proceedings, assessee was asked to explain how the purchases made from the supplier company have been paid and treated.

The director of the assessee company denied the transactions with the supplier company and submitted that the assessee had always paid by way of cheques and there were no cash transactions and mere mention of assessee name, the sales did not belong to assessee-company as there were many other firms operating in the city.

However, A.O observed that the diary indicated the name od the assessee and it belonged to Assessee only. Also, the name of the person which was written against the name of the assessee was associated with assessee-company.

Mere denial by assessee without explanation was not accepted by AO. In view of the entries found in the diary of the supplier company the amount of purchases stated to be from the assessee was considered as unexplained expenditure towards purchase and added to the income of the assessee.

The CIT(A) confirmed the order of AO stating that assessee had not furnished any evidence that it was not transacted with the said supplier company.

The Tribunal observed that as per the assessment order in the case of the supplier who was surveyed, no addition had been made towards unaccounted sales. Also the Revenue could not produce the said diaries due to it had been handed over to the supplier.

The Tribunal opined that the very basis of the addition had not been substantiated. It was also noted that the assessee had regular transactions with the said supplier company and those transactions were covered by TCS provisions but there was no TDS on these transactions.

Therefore, the addition was deleted.

Download Full Judgment Click Here >>

Share

Recent Posts

  • bankruptcy

SC issues directions to Committee of Creditors to protect interests of homebuyers

Supreme Court issues directions to Committee of Creditors for safeguard interests of homebuyers in Insolvency proceedings In a recent judgment,…

11 hours ago
  • Income Tax

Section 69C not applicable on addition for disallowance of expenditure of salary

Provisions of section 69C not applicable for addition made on account of disallowance of expenditure on employee salary and Wages…

12 hours ago
  • Income Tax

HC declines to direct ITD to investigate Tax Evasion Petition due to limitation

High Court declines to direct ITD to investigate allegations of tax evasion as per Tax Evasion Petition due to limitation…

13 hours ago
  • Income Tax

SLP dismissed against condoning delay in filing Form 10B as CA wasn’t aware of online filing

Condoning delay in filing audit report in Form 10B as CA of the assessee was not aware of newly introduced…

15 hours ago
  • Income Tax

No bar prohibiting simultaneous penalty u/s 271B and 271A of Income Tax Act

There is no bar in penalty u/s 271B for non-audit u/s 44AB if penalty u/s 271A is also levied for…

19 hours ago
  • Income Tax

Cash book cannot be rejected when availability of stock is not disputed

Cash book cannot be rejected when availability of stock in trade is not disputed as per stock register which is…

20 hours ago