SANDEEP KUMAR KHEDIA,JAMSHEDPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE JAMSHEPDUR, JAMSHEDPUR

It was submitted by the Ld. AR that the assessee is a shopkeeper dealing in retail sale of automobile batteries and helmets. It was the submission that in the course of survey stock to the extent of Rs.59,56,469/- was found. Stock in transit was of Rs.60,05,348/-. It was the submission that the AO records that the stock in transit has been stated by the assessee at Rs.43,00,000/-. It was the submission that there was no stock statement and there was no such statement by the assessee that the stock in transit was of Rs.43,00,000/-. The Ld. AR drew our attention to pages 9 to 12 of the paper book which were the details of the stock in transit to an extent of Rs.60,05,348.72/-. It was the submission that if this amount of Rs.60,05,348.72/- is taken into consideration there will be no difference and the addition of Rs.17,05,348 will no more remain. It was the submission that the AO is estimated 8% of the said stock deficit as the undisclosed profits of the assessee. It was the submission that as the stock in transit is Rs.60,05,348/- which is also supported by the affidavits of the suppliers and the subsequent delivery notes is considered then the difference be not there the estimated income was also liable to be deleted.

In reply the Ld. Sr DR submitted that there was no books found in the course of survey. When it was put to the Ld.SR DR that if there was no books how was this amount of Rs.59,56,469/- taken and how 43,00,000/- was adopted. The Ld Sr Dr submitted that stock register was available.

We have considered the rival submissions. The evidences produces clearly shows that stock in transit was to an extent of Rs.16,05,348/-. Once this stock in transit is taken at Rs.60,05,348/-, there is no difference between the stock has disclosed by the assessee and has found in the course of survey. Consequently, the addition of 8% as made by the AO would no more survive on account of the fact that there is no difference in the stock found in the course of survey. In these circumstances the addition has made by the AO at 8% of the alleged undisclosed sales stands deleted.

The second issue is in regard to cash found in the course of at Rs.1,68,940/- . It was submissions that cash is of the cash sales for which the sales register, sales bills and the cash book has also been submitted. It was submissions that even the auditor of the assessee has given a