SHREE PRITHVI IRON MILLS PRIVATE LIMITED,JAIPUR vs. ACIT, CIRCLE 4, JAIPUR, JAIPUR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the assessee had provided a clear explanation regarding the purchase of stock from M/s. Shree Ram Traders and had supported the transaction with documentary evidence, including RTGS payment. The Tribunal observed that the AO had not brought any material on record to controvert the assessee's claim or to establish that the investment in stock was unexplained. The CIT(A) had also failed to provide any specific reasons for upholding the AO's addition. Therefore, the Tribunal found no justification for the addition of Rs. 1,80,000/-. The appeal was allowed, and the addition made by the AO was deleted.
What were the facts?
The assessee, Shree Prithvi Iron Mills Private Ltd., is in appeal against the order of the Commissioner of Income Tax (Appeals), Ajmer, for the assessment year 2015-16. The appeal concerns the addition of Rs. 1,80,000/- made by the Assessing Officer (AO) under Section 69B of the Income Tax Act, 1961, on account of alleged unexplained investment in stock. The assessee had explained that the stock was purchased from M/s. Shree Ram Traders, and the payment was made through banking channels. However, the AO was not satisfied with the explanation and made the addition. The CIT(A) upheld the AO's order, leading to the present appeal before the ITAT.
What were the issues?
1. Whether the addition of Rs. 1,80,000/- on account of unexplained investment in stock, made by the Assessing Officer and upheld by the CIT(A) under Section 69B of the Income Tax Act, 1961, is justified. Assessee's Contention: The assessee argued that the stock was purchased from M/s. Shree Ram Traders, and the entire payment of Rs. 1,80,000/- was made through banking channels, specifically via RTGS. They submitted that the vendor was duly identified and the transaction was verifiable. Therefore, the stock could not be considered as unexplained investment. Revenue's Contention: The revenue, through the Assessing Officer and the CIT(A), contended that the explanation provided by the assessee was not satisfactory. The AO's basis for disallowing the expenditure was not explicitly detailed in the provided text, but it led to the addition under Section 69B, implying a belief that the investment in stock was not genuinely explained or supported by evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
order says that the value of the excess stock is an approximation. consequence, that the addition is based on an estimation. Even when the statement recorded during survey proceedings on 09.10.2014 vide answering to Q.25, the assessee stated that there is no difference in stock.
Thus, we are of the considered view that there is no clear finding that the in fact the assessee accepted that there exist a excess stock. The bench noted that the survey proceeding the stock quantity taken within the short time and the considering the quantity measure the difference of 0.426 % cannot establish that there exist an unexplained excess stock in the hands of the assessee. Merely the assessee has not challenged that addition it cannot be reason to levy the penalty. Penalty proceedings are quasi criminal proceedings and are separate from the assessment proceedings.
Merely the assessee has accepted the alleged difference and offered the tax on that small difference in stock cannot be conclusive evidence that in fact there exist a excess stock investment by the assessee. Even the assessee holds stock of 1962.10 MT the difference to the extent of 0.426 % can happen because of recording the quantity weight in the survey proceeding. Thus, considering the possibility of the difference in scale and recording the quantity there must exist some error or omission which gives the minor difference in quantity which the assessee even in the statement hands of the assessee when the assessee has already recorded huge stock the allegation of excess stock to the extent of Rs. 3,63,661/- and that too on account of stock taking process cannot be said to be unexplained investment of the assessee and therefore, we do not find any reason sustain the penalty on such minor difference in quantity as concealment of income and thereby liable for penalty as per provision of section 271(1)(c) of the Act. We get strength of our view from the decision of apex court in the case of CIT Vs. Reliance Petro Products Private Limited [ 322 ITR 158 ] wherein the highest court has observed that “Merely because the assessee had claimed the expenditure, which claim was not accepted or was not acceptable to the revenue, that by itself would not, in our opinion, attract the penalty under section 271(1)(c). If we accept the contention of the revenue then in case of every Return where the claim made is not accepted by Assessing Officer for any reason, the assessee will invite penalty under section 271(1)(c). That is clearly not the intendment of the Legislature.”
Here in this case the explanation of the difference in stock was not accepted by the revenue, which was the reasons for difference in stock automatically cannot be considered as an attempt the conceal the income by the assessee. Thus, considering that set of facts do not see any reason penalty levied for an amount of Rs. 1,17,670/- thereby allowing the ground no. 2 raised by the assessee.
In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on 26/03/2025.
Sd/- Sd/- ¼ Mk0 ,l- lhrky{eh ½ ¼ jkBksM deys'k t;UrHkkbZ ½ (Dr. S. Seethalakshmi) (Rathod Kamlesh Jayantbhai) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 26/03/2025 *Ganesh Kumar, Sr. PS आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. The Appellant- Shree Prithvi Iron Mills Private Ltd., Jaipur 2. izR;FkhZ@ The Respondent- ACIT, Circle-04, Jaipur 3. vk;dj vk;qDr@ The ld CIT vk;dj vk;qDr¼vihy½@The ld CIT(A) 4. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZ QkbZy@ Guard File (ITA No. 03/JP/2025) 6. vkns'kkuqlkj@ By order,
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