No AI summary yet for this case.
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI C.M. GARG & SHRI O.P. MEENA
आदेश /O R D E R
PER SHRI C.M. GARG, JM
This appeals has been filed by the assessee against the order
of the learned CIT(A)-22, New Delhi, having concurrent jurisdiction
over the CIT(A)-2, Indore, dated 15.6.2016 in First Appeal No.
487/13-14/58 for the assessment year 2011-12.
Shri Govind Shantilal Agrawal ITA No. 942/Ind/2016 2. The only ground taken by the assessee in this appeal reads as
under :-
“That the learned CIT(A) erred in confirming the addition of Rs.6,98,650/- made in the value of closing stock. That as per correct valuation, the valuation of closing stock comes to Rs.9,71,031/- and not Rs.16,69,681/-. The addition so made being wrong, the same require to be deleted.”
The facts, in nutshell, are that the assessee derives income
from trading in kitchen materials. The return of income was filed by
the assessee declaring total income at Rs.19,84,380/-. In this case,
survey u/s 133A of the Act was conducted by the revenue on
7.10.2010. During the course of survey, the assessee surrendered
total additional income of Rs.24,85,281/- i.e. on account of excess
cash found at Rs.8,15,600/- and excess stock found at
Rs.16,69,681/-. However, while filing the return of income, the
assessee has included excess stock of Rs.9,71,031/- only. The
Assessing Officer, therefore, required the assessee to justify this
retraction. In response, the assessee stated that the Revenue has
valued the stock of jewellery found at Rs.17,000/- per kg. whereas
its value as per LIFO method was to be adopted at Rs.11,000/- per
kg. and as such the assessee has shown the value of stock at
Rs.11,000/- per kg. while filing the return of income. However, the 2
Shri Govind Shantilal Agrawal ITA No. 942/Ind/2016 Assessing Officer was not satisfied with this explanation of the
assessee since the assessee did not file any material/document in
support of his claim. The Assessing Officer inferred that the version
of the assessee was without any basis. The Assessing Officer,
therefore, added difference of Rs.6,98,650/- to the total income of
the assessee.
Being aggrieved with the addition made by the Assessing
Officer, the assessee preferred first appeal before the learned CIT(A).
The learned CIT(A) after considering the facts of the case in the light
of the submissions of the learned counsel for the assessee,
confirmed the addition with the following observations :-
“6.1 In this case, the stock of silver was valued by the
appellant himself at the time of survey at Rs.34,000/- per kg
and the purity of silver was stated to be 50% which gave the
value of Rs.17,000/- per kg. There was no valuer involved
and the A.O. has not substituted his valuation for the
valuation of the appellant. Without prejudice to the same, the
unaccounted stock found at the time of survey represents
unaccounted investment and has to be valued at the market
price on the date of survey. The appellant has reduced the 3
Shri Govind Shantilal Agrawal ITA No. 942/Ind/2016 valuation by averaging the cost of stock i.e. by adding the
value of stock as per books of accounts to the unaccounted
stock and by dividing the same with the total quantity. This
explanation and methodology is not correct. The stock as per
books is valued in the case of appellant at average cost and
the stock purchased in earlier years at lower value pushes
down the average cost. However, excess stock is
unaccounted investment during the year and has to be
valued at market price. Therefore, ground no. 1 of the appeal
is dismissed.”
Against the confirmation of the addition by the learned CIT(A),
the assessee has now come up in appeal before the Tribunal.
Before us, the learned counsel for the assessee submitted that
the assessee offered additional income on account of excess cash of
Rs.8,15,600/-. However, since the valuation of excess stock was
done at a higher figure during the survey proceedings, the assessee
replaced correct stock valuation and surrendered Rs. 9,71,031/-.
The learned counsel for the assessee also submitted that the
assessee has been consistently following average cost method by
applying LIFO system. The learned counsel for the assessee further 4
Shri Govind Shantilal Agrawal ITA No. 942/Ind/2016 submitted that the Assessing Officer did not accept the assessee’s
contention and went on by taking income surrendered at
Rs.24,85,281/- as against Rs.17,86,631/- offered by the assessee.
On the other hand, the learned DR while supporting the
orders of the authorities below, submitted that since the excess
stock is unaccounted investment during the year, the authorities
below were justified in valuing the same at market price. He,
therefore, submitted that the orders of the authorities below deserve
to be affirmed.
After giving a thoughtful consideration to the submissions of
the parties, we are of the view that the unaccounted stock found at
the time of survey proceedings represents unaccounted investment
and as such the same has to be valued at market price on the date
of survey. In this case the assessee has reduced the valuation by
averaging the cost of stock i.e. by adding the value of stock as per
books of accounts to the unaccounted stock and by dividing the
same with the total quantity. This practice of the assessee is against
the method of valuation of stock. After considering the facts of the
case, the learned CIT(A) has rightly held - “However, Excess stock is
unaccounted investment during the year and has to be valued at 5
Shri Govind Shantilal Agrawal ITA No. 942/Ind/2016 market price. This finding of the learned CIT(A) cannot be denied by
any stretch of imagination. From the copy of the inventory of stock
found out of accounts and treated as undisclosed investment of the
assessee, it is clear that the stock was valued on the market price
and the assessee did not raise any dispute regarding valuation of
such stock at the time of signing the inventory. In this view of the
matter, we are of clearly of the view that the authorities below have
rightly made and sustained the addition in question in the present
case. We, therefore, have no alternate but to confirm the orders of
the authorities below which we hereby do.
In the result, the appeal of the assessee fails and is dismissed.
The order has been pronounced in open Court on 28th
March, 2017.
Sd/- sd/
लेखा सद�य �या�यक सद�य (O.P.Meena) (C.M. Garg) Accountant Member Judicial Member
March 28th 2017.
Dn/
Shri Govind Shantilal Agrawal ITA No. 942/Ind/2016