Amba Rice Mills Vs Commissioner of Income Tax

High Court Of Punjab And Haryana At Chandigarh 3 Aug 2009 IT Appeal No. 891 of 2008 (O and M) (2010) 325 ITR 33
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

IT Appeal No. 891 of 2008 (O and M)

Hon'ble Bench

Daya Chaudhary, J; A.K. Goel, J

Advocates

Pankaj Jain, for the Appellant;

Final Decision

Dismissed

Acts Referred

Income Tax Act, 1961 — Section 260A

Judgement Text

Translate:

Adarsh Kumar Goel, J.@mdashDelay condoned. Heard on the merits. The assessee has preferred this appeal u/s 260A of the income tax Act,

1961 (in short, ""the Act"") against the order of the income tax Appellate Tribunal, Chandigarh ""B"" Bench in I. T. A. No. 53/Chandi/2000 and Co.

No. 9/Chandi/2004 dated December 24, 2007, for the assessment year 1997-98, proposing to raise the following questions of law:

(i) Whether the order of the Tribunal is perverse in upholding the addition on account of valuation of closing stock without appreciating the

evidence in the form of comparative results of other mill owners and the sale bills of immediately succeeding year which evidence remains

unrebutted?

(ii) Whether the Tribunal was justified in upholding the additions on account of valuation of closing stock without any finding of sales and purchase

outside books of account?

2. The assessee derives income from running of rice mill. The return of the assessee was taken up in scrutiny and finding certain discrepancies, the

Assessing Officer made addition. The Commissioner of income tax (Appeals), however, deleted the addition. On further appeal by the Revenue,

the view taken by the Assessing Officer was restored by reiterating the discrepancies which were noticed by the Assessing Officer. As regards

yield, the Tribunal observed that proper records with regard to production and generation of final product were not maintained. The entries were

made on estimated basis. The records maintained were, thus, not complete from which the correct income could be derived. The assessment of the

yield by the Assessing Officer was found to be justified.

3. As regards undervaluation of closing stock of rice, it was held that the assessee was not justified in valuing the closing stock at average market

price instead of market price on the date of the closing of the books. The last sale made in March was a good guide to ascertain the market value.

4. Learned counsel for the assessee submits that the books of account had not been rejected while making the assessment. This argument is against

the finding of the Tribunal. The assessee has not raised any question of perversity except to say that the order of the Tribunal was perverse in not

appreciating the evidence in the form of comparative results of other mill owners. That ground of perversity has not been substantiated. The

Tribunal has categorically held that in the absence of proper and complete record, the Assessing Officer was justified in making assessment on the

basis of available material. He was also justified in upholding the addition to the valuation of closing stock.

5. The findings of the Tribunal are findings of fact, based on appreciation of evidence and are not shown to be perverse.

6. No substantial question of law arises. The appeal is dismissed.