DCIT CIRCLE-2(1), GWALIOR V. GDP AGRO & FOOD, GWALIOR

ITA 346/AGR/2017

AI Insights

The case involves the Deputy Commissioner of Income Tax (DCIT), Circle 2(1), Gwalior as the appellant and GDP Agro & Food Products Pvt. Ltd. as the respondent. The dispute arose from an assessment for the Assessment Year 2012-13, where the Assessing Officer (AO) added profits from unaccounted purchases and unexplained stock-in-trade to the income of the assessee, totaling Rs. 323.61 Lacs and Rs. 151.82 Lacs respectively. The CIT(A) later deleted these additions after finding that the purchases were recorded in the regular books and supported by broker affidavits. The revenue's appeal to the tribunal contested this deletion, but the tribunal upheld the CIT(A)'s decision, citing lack of corroborative evidence from the revenue.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 126452 (ITAT-AGRA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2012-2013
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAILENDER SHRIVASTAVA LD.
• Assessee Lawyers: DEEPENDRA MOHAN; LD
• Keywords: Loose papers; Dismissed; Commissioner; Commissioner of Income Tax; Purchases; Deleted; Loose Paper
• Section: 143(3); 133A

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “DB” BENCH, AGRA BEFORE HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ ITA No. 346/Agr/2017 (िनधा \u000fरणवष\u000f / Assessment Year:2012-13) DCIT, Circle 2(1), Gwalior. बनाम/ Vs. GDP Agro & Food Products Pvt. Ltd. Ward No. 54, Gudagudi ka Naka, Bajriya, Lashkar, Gwalior (MP) \u0002थायीलेखासं./जीआइआरसं./PAN/GIR No. AAECG-1517-G (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Sh. Shailender Shrivastava – Ld. Sr. DR थ कीओरसे/Respondent by : Sh. Deependra Mohan, CA – Ld. AR सुनवाईकीतारीख/Date of Hearing : 19-02-2025 घोषणाकीतारीख /Date of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appealby revenue for Assessment Year (AY) 2012-13 arises out of an order passed by learned Commissioner of Income Tax (Appeals), Gwalior [CIT(A)] on 08-05-2017 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 28-03-2015. Both sides made vehement arguments. Having heard rival submissions and upon perusal of case records, the appeal is disposed-off as under. The sole grievance of the revenue is profit addition on unaccounted purchases and unexplained stock-in-trade. The assessee is stated to be engaged in processing and trading of sesame seeds. The assessee was subjected to survey u/s 133A on 15-01-2015 which form the basis of assessment. 2 2. The loose papers indicated unaccounted purchases for Rs.37.41 Crores. The Ld. AO estimated profit of Rs.8.65% on the same and made addition of Rs.323.61 Lacs. The Ld. AO also estimated unaccounted closing stock against the same for Rs.151.82 Lacs and further added the same to the income of the assessee. 3. During first appeal, the assessee’ submissions were subjected to remand proceedings. Based on the same, Ld. CIT(A), in para 5.1.3, noted that note books as seized vide Annexure B-7 contained offers for purchase. The offers which are accepted are recorded in the regular books of accounts. The Ld. AO accepted the fact that the purchases for Rs.11.07 Crores were found recorded in regular books of accounts. This fact was supported by affidavit of some of the brokers confirming the above facts. In fact, one broker was summoned who had given affidavit on oath. Considering all these facts, Ld. CIT(A) deleted impugned additions against which the revenue is in further appeal before us. 4. The Ld. CIT(A) has rendered factual finding that the seized notebook contained mere offers for purchases. The offers which were accepted were found recorded in the regular books of accounts. The Ld. AO accepted the fact that the purchases for Rs.11.07 Crores were found recorded in regular books of accounts. This fact stood corroborated by the affidavit of brokers. This position remains uncontroverted before us. There is no other corroborative evidence supporting the conclusion of Ld. AO. This being so, no interference is required in the impugned order. 3 5. The appeal stands dismissed. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963. Sd/- Sd/- (SATBEER SINGH GODARA) (MANOJ KUMAR AGGARWAL) 4ा ियक सद5 /JUDICIAL MEMBER लेखा सद5 /ACCOUNTANT MEMBER Dated: 22.04.2025 आदेश की 7ितिलिप अ9ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. थ /Respondent 3. आयकरआयु3/CIT 4. िवभागीय ितिनिध/DR 5. गाड9फाईल/GF ASSISTANT REGISTRAR ITAT AGRA "