Smt. Raman Mahajan, Agra V. I.T.O.- 1(3), Agra

ITA 395/AGR/2011

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 0236 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 29-01-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 12-10-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KK MISHRA
• Assessee Lawyers: MANOJ KHURANA
• Keywords: Unexplained investment; Business income; Document seized; Opportunity of being heard; Corroborative evidences; Documents seized
• Section: 80C; 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO.395/AGR/2011 ASSESSMENT YEAR: 2006-07 SMT. RAMAN MAHAJAN, VS. INCOME TAX OFFICER 1(3 ), 17, JAIPUR HOUSE, AGRA. AGRA. (PAN: ABIPM 2843 A). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANOJ KHURANA, C.A. RESPONDENT BY : SHRI K.K. MISHRA, JR. D.R. DATE OF HEARING : 29.01.2013 DATE OF PRONOUNCEMENT OF ORDER : 15.02.2013 ORDER PER A.L. GEHLOT, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 31.03.2011 PASSED BY THE LD. CIT(A)-I, AGRA FOR THE ASSESSMENT YEAR 2006-07. 2. THE EFFECTIVE GROUNDS RAISED IN THIS APPEAL PER TAIN TO ADDITION OF RS.67,320/- BEING PROFIT ON SALE OUT OF THE BOOKS OF ACCOUNT AN D RS.8,94,405/- BEING UNEXPLAINED INVESTMENT IN PURCHASE AND SALE. ITA NO.395/AGR/2011 A.Y. 2006-07 2 3. THE BRIEF FACTS OF THE CASE ARE THAT THE A.O. RE CEIVED INFORMATION FROM THE INVESTIGATION WING, AGRA THAT THE ASSESSEE HAS MADE UNACCOUNTED SALE OF SHOES TO M/S BAJWA RUBBER INDUSTRIES, SIKANDARA, AGRA AMOUNT ING TO RS.34,07,420/- DETAILED AS UNDER :- 1. 2005-06 11,75,765/- 2. 2005-06 3,19,440/- 3. 2005-06 & 2006-07 11,65,725/- 4. 2005-06 7,46,490/- ---------------- 34,07,420/- ---------------- 4. THE A.O. ASKED THE ASSESSEE WHY THE SAID SALE SH OULD NOT BE TREATED AS SALE OUT OF BOOKS OF ACCOUNT. IN RESPONSE TO THE NOTICE , THE ASSESSEE VIDE LETTER DATED 10.11.2008 STATED THAT THE ASSESSEE HAS NOT SOLD GO ODS TO M/S. BAJWA RUBBER INDUSTRIES. HOWEVER, IT WAS INFORMED BY THE ASSES SEE THAT THE ASSESSEE HAS PURCHASED THE GOODS FROM M/S. BAJWA RUBBER INDUSTRI ES. A COPY OF STATEMENT OF ACCOUNT OF M/S. BAJWA RUBBER INDUSTRIES WAS ALSO FU RNISHED ALONG WITH REPLY. THE A.O. DID NOT ACCEPT THE ASSESSEES CONTENTION AND C AME TO THE CONCLUSION THAT THE ASSESSEE WAS MAKING SALES OUTSIDE BOOKS OF ACCOUNT, SHE WOULD HAVE MADE MORE SUCH SALES TO OTHER PARTIES OUT OF THE BOOKS OF ACC OUNT. UNDER THE CIRCUMSTANCES, THE A.O. ESTIMATED THE SALES OF THE ASSESSEE AT RS. 75,00,000/- AND AFTER APPLYING NET PROFIT RATE OF 7% THE A.O. COMPUTED THE INCOME OF THE ASSESSEE AT RS.5,25,000/. THE A.O. FURTHER ADDED RS.14,093/- SHOWN BY THE ASS ESSEE AS DISCOUNT. THUS, THE ITA NO.395/AGR/2011 A.Y. 2006-07 3 TOTAL INCOME WAS COMPUTED AT RS.5,39,093/- AFTER AL LOWING DEDUCTION UNDER SECTION 80C OF THE ACT FROM INCOME FROM OTHER SOURCES. THE A.O. MADE THE ASSESSMENT AT RS.5,07,680/-. THE A.O. FURTHER ADDED AN AMOUNT OF RS.31,68,900/- AS UNEXPLAINED INVESTMENT MADE FOR PURCHASE OF SHOES W HICH WAS SOLD OUTSIDE THE BOOKS OF ACCOUNT. THUS, THE A.O. MADE ADDITIONS OF RS.5,07,680/- AND RS.31,68,900/-. 5. BEFORE THE CIT(A) THE ASSESSEE FILED AFFIDAVIT S TATING THAT SHE NEVER MADE ANY SALES TO M/S. BAJWA RUBBER INDUSTRIES AND ALSO REQUESTED THE A.O. FOR GIVING HER OPPORTUNITY OF BEING HEARD AND CROSS-EXAMINED. THE ASSESSEE FILED APPLICATION UNDER SECTION 144A TO ADDL. CIT, RANGE-1, AGRA ON 0 2.12.2008 FOR GIVING OPPORTUNITY OF BEING HEARD AND TO CROSS EXAMINE THE EVIDENCE COLLECTED DURING THE SURVEY. IT WAS ALSO SUBMITTED THAT THE A.O. REJECT ED THE LEGITIMATE BOOKS OF ACCOUNT MAINTAINED BY THE ASSESSEE RELYING ON SOME PAPER SHEETS FOUND SHOWING THE PURCHASE MADE BY M/S. BAJWA RUBBER INDUSTRIES F ROM THE PROPRIETORSHIP CONCERN OF THE ASSESSEE TOTALING TO RS.34,07,420/-. IT WAS SUBMITTED THAT THE A.O. MERELY ON THE BASIS OF ASSUMPTION ESTIMATED TOTAL S ALES OF THE ASSESSEE TO THE TUNE OF RS.75,00,000/-. THE A.O. HAS WRONGLY APPLIED N. P. RATE OF 7% TO ARRIVE AT AN INCOME OF RS.5,25,000/-. AS REGARDS THE ADDITION O F RS.31,68,800/-, THE ASSESSEE SUBMITTED THAT THIS ADDITION HAS BEEN MADE BY OVERL OOKING THE AFFIDAVIT OF THE ASSESSEE FILED DURING THE ASSESSMENT PROCEEDINGS ST ATING THAT SHE HAS NEVER MADE ITA NO.395/AGR/2011 A.Y. 2006-07 4 ANY SALES TO M/S. BAJWA RUBBER INDUSTRIES. AFTER C ONSIDERING THE ASSESSEES SUBMISSION THE CIT(A) PROVIDED PHOTOCOPIES OF ALL T HE DOCUMENTS FOUND DURING THE COURSE OF SURVEY OF M/S. BAJWA RUBBER INDUSTRIES WH ICH WAS USED IN THE ASSESSMENT PROCEEDINGS OF THE ASSESSEE FOR SUBMITTI NG RECONCILIATION WITH THE BOOKS OF ACCOUNT OF THE PROPRIETORSHIP CONCERN OF T HE ASSESSEE I.E. M/S BUNNY TRADING CO, AGRA. THE A.O. WAS ASKED TO EXAMINE TH E CONCERNED ENTITY OF M/S. BAJWA GROUP TO ASCERTAIN WHETHER THE TRANSACTIONS O F RS.34,07,420/- HELD TO BE PERTAINING TO THE ASSESSEE ACTUALLY BELONGED TO HER OR NOT AND THE ASSESSEE SHOULD ALSO BE GIVEN OPPORTUNITY FOR CROSS-EXAMINATION. I N RESPONSE TO THE DIRECTION OF THE CIT(A), THE A.O. MADE NECESSARY ENQUIRIES AND RECOR DED THE STATEMENT OF SHRI SRENDRA BAJWA OF M/S. BAJWA RUBBER INDUSTRIES. IN HIS STATEMENT SHRI SURENDRA BAJWA INFORMED THAT HE DID NOT MAKE ANY PURCHASE FR OM M/S. BUNNY TRADING COMPANY, PROPRIETORSHIP CONCERN OF THE ASSESSEE, BU T CERTAIN FOOTWEAR WERE SOLD BY HIM TO THE ASSESSEE. IT WAS ALSO INFORMED BY HI M THAT THE IMPOUNDED PAPERS DID NOT PERTAIN TO M/S. BAJWA RUBBER INDUSTRIES BUT THE Y PERTAINED TO M/S SHOE WORLD (BAJWA) EXPORTS. THEREAFTER, STATEMENT OF SHRI KUN AL BAJWA OF M/S SHOE WORLD (BAJWA) EXPORTS WAS RECORDED. IN HIS STATEMENT SH RI KUNAL BAJWA ADMITTED THAT THESE IMPOUND DOCUMENTS PERTAINED TO HIS CONCERN AN D THEY SHOW THE OUT OF BOOKS SALES MADE TO M/S BUNNY TRADING CO. IT WAS FOUND B Y THE A.O. THAT ALL THESE SALES WERE INCLUDED IN THE UNACCOUNTED SALE OF M/S SHOE W ORLD (BAJWA) EXPORTS WHICH WERE DECLARED BY THEM DURING THE THEIR OWN ASSESSME NT PROCEEDINGS. THE A.O. ITA NO.395/AGR/2011 A.Y. 2006-07 5 FURNISHED THE REMAND REPORT DATED 17.03.2011 WHICH HAS BEEN REPRODUCED BY THE CIT(A) AT PAGE NO.6 OF HIS ORDER. IN THE REMAND RE PORT THE A.O. SUBMITTED THAT ON EXAMINATION IT WAS FOUND THAT DURING THE SURVEY PRO CEEDINGS THE CONCLUSION IS INESCAPABLE THAT THE AMOUNT TREATED AS SALES IN THE HAND OF THE ASSESSEE IS NOT SALES TO M/S. BAJWA RUBBER INDUSTRIES BUT PURCHASE FROM M /S SHOE WORLD (BAJWA) EXPORTS AND IT SHOULD BE TREATED AS SUCH. IN THE R EMAND REPORT, THE A.O. CONFIRMED THAT THE ASSESSEE HAS NOT SOLD ANYTHING EITHER TO M /S. BAJWA RUBBER INDUSTRIES OR TO M/S. SHOE WORLD (BAJWA) EXPORTS. THE ASSESSEE MADE SUBMISSION IN RESPECT OF REMAND REPORT OF THE A.O. THE ASSESSEE VIDE HIS LE TTER DATED 31.03.2011 FILED A WORKING OF SALES SHOWN TO HAVE BEEN MADE IN THE IMP OUNDED DOCUMENT FROM M/S. SHOE WORLD (BAJWA) EXPORTS TO THE PROPRIETORSHIP CO NCERN OF THE ASSESSEE SHOWING THAT THAT AMOUNT DURING THE F.Y. 2005-06 WAS ONLY R S.8,94,405/- INSTEAD OF RS.34,07,420/- WORKED OUT BY THE A.O. IN THE ASSESS MENT ORDER. IT WAS SUBMITTED THAT EVEN IF ANY PROFIT IS ASSUMED TO HAVE BEEN EAR NED BY THE ASSESSEE ON FURTHER SALE OF THESE SHOES AT THE NET PROFIT RATE OF 7%, I T WOULD COME TO RS.62,608/- AND AS AGAINST THIS PROFIT THE ASSESSEE HAS ALREADY SHOWN PROFIT OF RS.1,55,614/-. AFTER CONSIDERING THE ASSESSEES SUBMISSION, THE CIT(A) H ELD THAT THE ASSESSEE HAS MADE UNACCOUNTED PURCHASES FROM M/S. SHOE WORLD (BAJWA) EXPORTS. THE ASSESSEE HERSELF HAS WORKED OUT THE RELEVANT AMOUNT ON THE B ASIS OF IMPOUNDED DOCUMENTS TO THE EXTENT OF RS.8,94,405/- AND THE SAME IS FURN ISHED IN THE WRITTEN SUBMISSION. THE SAID AMOUNT PERTAINED TO F.Y. 2005-06 RELEVANT TO A.Y. 2006-07, THE YEAR ITA NO.395/AGR/2011 A.Y. 2006-07 6 UNDER CONSIDERATION. AFTER EXAMINING THE IMPOUNDED MATERIAL AND SUBMISSION OF THE ASSESSEE, THE CIT(A) CALCULATED UNACCOUNTED SAL ES DURING DIFFERENT PERIOD AS UNDER :- (PARAGRAPH NO.5.7, PAGE NO11) 5.7 AFTER ANALYZING ALL THE ABOVE IMPOUNDED DOCUME NTS, I FIND THAT THE VARIOUS SALES RECORDED TO HAVE BEEN MADE TO THE APPELLANT BY M/S SHOE WORLD (BAJWA) EXPORTS AS THE UNACCOUNTED SALES DURING DIFFERENT PERIOD ARE AS UNDER :- AY 2005-06 (FY 2004-05) 1. FOR THE PERIOD 20.07.2004 TO 30.10.2004 RS.7,4 6,490/- 2. FOR THE PERIOD 15.10.2004 TO 05.02.2005 RS.5,9 0,760/- TOTAL SALES RS.13,37,250/- AY 2006-07 (FY 2005-06) 1. FOR THE PERIOD 26.05.2005 TO 06.08.2005 RS.5,7 4,965/- 2. FOR THE PERIOD 12.09.2005 TO 29.10.2005 RS.3,1 9,440/- TOTAL SALES RS.8,94,405/- 6. ON THE BASIS OF ABOVE CALCULATION, THE CIT(A) HE LD THAT THE A.O. WAS NOT CORRECT IN COMPUTING UNACCOUNTED SALE MADE BY THE A SSESSEE AMOUNTING TO RS.34,07,420/- WHICH NOW HAS BEEN REPORTED BY THE P RESENT A.O. AS BEING UNACCOUNTED PURCHASES MADE BY THE ASSESSEE. HOWEVE R, THE CORRECT AMOUNT OF THIS UNACCOUNTED PURCHASE FOR THE YEAR UNDER CONSIDERATI ON COMES TO ONLY RS.8,94,405/. THE CIT(A) ACCEPTED THE ASSESSEES CONTENTION AND H ELD THAT UNACCOUNTED PURCHASES MADE BY THE ASSESSEE AS PER IMPOUNDED DOC UMENT COMES ONLY TO RS.8,94,405/- AND NOT RS.34,07,420/- AS COMPUTED BY THE A.O. FINALLY, THE CIT(A) ITA NO.395/AGR/2011 A.Y. 2006-07 7 ALLOWED RELIEF OF RS.22,74,495/- SUSTAINING ADDITIO N TO THE EXTENT OF RS.8,94,405/- OUT OF THE TOTAL ADDITION MADE BY THE A.O. OF RS.31 ,68,900/-. THE RELEVANT FINDING OF THE CIT(A) IS REPRODUCED AS UNDER :- (PARAGRAPH NO.5.9) 5.9 THE LD. A.R. HAS ALSO COMPUTED ON THE BASIS OF IMPOUNDED DOCUMENT THAT AS AGAINST THE PURCHASE OF RWS.8,94,4 05/- BY THE APPELLANT, PAYMENT OF ONLY RS.4,80,00/- WAS MADE BY HER. HOWEVER, HE COULD NOT PRODUCE ANY SUPPORTING DOCUMENT TO SHO W THE SOURCE OF PAYMENT OF RS.4,80,000/-. IN VIEW OF THESE FINDING S, THE AO IS DIRECTED TO TAKE UNACCOUNTED PURCHASES MADE BY THE APPELLANT AT RS.8,94,405/- INSTEAD OF UNACCOUNTED SALE OF R.34,07,420/- TAKEN IN THE ASSESSMENT ORDER. SINCE THE PURCHASE OF R.8,94,405/- IS OUT O F THE BOOKS OF ACCOUNT, THE AO IS DIRECTED TO ADD RS.8,94,405/- AS UNACCOUNTED INVESTMENT U/S 69 INSTEAD OF RS.31,68,900/- ADDED I N THE ASSESSMENT ORDER AND THUS THE APPELLANT GETS A RELIEF OF RS.22 ,74,495/- AND ACCORDINGLY GROUND NO.2 IS PARTLY ALLOWED. 7. AS REGARDS THE UNACCOUNTED PROFIT EARNED BY THE ASSESSEE IN RESPECT OF THE UNACCOUNTED PURCHASES, THE CIT(A) NOTED THAT THE UN ACCOUNTED PURCHASES MADE BY THE ASSESSEE AS COMPUTED WAS NOT SHOWN ANYWHERE IN THE BOOKS OF ACCOUNT IN THE CLOSING STOCK AND THEREFORE, THE NATURAL PRESUMPTIO N WOULD BE THAT THESE UNACCOUNTED PURCHASES WERE SOLD IN THE MARKET. IN THE ASSESSMENT ORDER NET PROFIT RATE ON UNACCOUNTED SALE HAS BEEN TAKEN BY THE A.O. AT 7%. THE CIT(A) FOUND THAT THE SAME RATE CAN BE TAKEN FOR COMPUTING THE UNACCO UNTED PROFIT EARNED BY THE ASSESSEE ON SALE OF SHOES WHICH WERE PURCHASED BY H ER FOR RS.8,94,405/- OUT OF BOOKS. AFTER APPLYING 7% PROFIT RATE ON SUCH SALE MADE BY THE ASSESSEE, THE PROFIT ITA NO.395/AGR/2011 A.Y. 2006-07 8 WOULD COME TO RS.67,320/- OF WHICH DETAILED CALCULA TIONS HAS BEEN MADE BY THE CIT(A) AT PAGE NO.14 OF HIS ORDER AS UNDER :- 8,94,405 + 0.07X= X WHERE X =SALE VALUES (PUR. VALUE) (PROFIT) (SALE VALUE) 0.93X=894405 X=8,94,405 0.93 X=9,61,725.8 PROFIT = 9,61,725.8 - 8,94,405=RS.67,320/- 8. THE CIT(A) HELD THAT SINCE PROFIT OF RS.67,320/- WAS EARNED BY THE ASSESSEE OVER AND ABOVE ITS REGULAR PROFIT OF RS.1,55,614/- SHOWN IN THE PROFIT & LOSS ACCOUNT, THEREFORE, AFTER CONSIDERING THE ADDITION, THE TOTAL PROFIT INCLUDING UNACCOUNTED PROFIT COMES TO RS.2,22,934/- (1,55,614 + 67,320/-). THE CIT(A) DIRECTED THE A.O. TO TAKE THE TOTAL INCOME OF THE A SSESSEE AT RSW.2,22,934/- AS AGAINST RS.5,39,093/- DETERMINED IN THE ASSESSMENT ORDER AND ACCORDINGLY ALLOWED RELIEF OF RS.3,16,159/-. THE CIT(A) DID NOT ACCEPT THE A.O.S WORKING OF ESTIMATION OF SALE, AS SALE WAS FOUND WITHOUT ANY B ASIS. THE CIT(A) DIRECTED THE A.O. TO TAKE ACTUAL FIGURE OF THE SALE FOUND RECORD ED. 9. THE LD. AUTHORISED REPRESENTATIVE REITERATED THE SUBMISSIONS MADE BEFORE THE REVENUE AUTHORITIES. IT WAS SUBMITTED THAT THE A.O. WAS NOT CORRECT IN REJECTING THE BOOKS OF ACCOUNT MAINTAINED BY THE AS SESSEE ON THE BASIS OF SOME ITA NO.395/AGR/2011 A.Y. 2006-07 9 UNSIGNED PAPER SHEETS FOUND DURING THE COURSE OF SU RVEY IN THE PREMISES OF M/S. BAJWA RUBBER INDUSTRIES AND M/S. SHOE WORLD (BAJWA) EXPORTS. THE LD. AUTHORISED REPRESENTATIVE SUBMITTED THAT THE ADDITI ONS WERE MADE MERELY ON THE BASIS OF PRESUMPTION. 10. THE LD. DEPARTMENTAL REPRESENTATIVE, ON THE OTH ER HAND, RELIED UPON THE ORDER OF THE CIT(A). 11. WE HAVE HEARD THE LD. REPRESENTATIVES OF THE PA RTIES AND RECORDS PERUSED. WE FIND THAT THE CIT(A) HAS CONSIDERING ALL ASPECT OF THE MATTER INCLUDING THE GRIEVANCE OF THE ASSESSEE OF NON-CONSIDERING OF AFF IDAVIT AND NON-PROVIDING OF IMPOUNDED MATERIAL AND THE ASSESSEE WAS ALSO NOT PR OVIDED OPPORTUNITY OF HEARING. THE CIT(A) IN PARAGRAPH NO.5.2 MADE DETAILED DISCUS SION REGARDING THE PROFIT MATERIAL OF THE ASSESSEE. CIT(A) CALLED FOR THE RE MAND REPORT FROM THE A.O. AND FINALLY THE A.O. FOUND THAT ON THE BASIS OF IMPOUND ED MATERIAL FOUND DURING COURSE OF SURVEY IN THE CASE OF M/S. SHOE WORLD (BAJWA) EX PORTS THAT THE ASSESSEE HAS MADE PURCHASES FROM M/S. SHOE WORLD (BAJWA) EXPORTS . ON THE BASIS OF IMPOUNDED MATERIAL, THE ASSESSEE HERSELF HAS CALCUL ATED UNACCOUNTED PURCHASES ON THE BASIS OF LOOSE PAPER OF RS.8,94,405/- AND THE S AME WORKING HAS BEEN GIVEN BY THE ASSESSEE TO THE CIT(A) VIDE LETTER DATED 31.03. 2011. IN THE SAID LETTER MAXIMUM PROFIT WAS ALSO CALCULATED WHICH WAS RS.62, 608/- BEING 7% OF PROFIT ITA NO.395/AGR/2011 A.Y. 2006-07 10 RATE. THE FINDING OF CIT(A) IS BASED ON LOOSE PAPE R FOUND AT THE TIME OF SURVEY IN THE PREMISES SISTER CONCERN OF M/S SHOE WORLD (BAJW A) EXPORTS AND ON THE BASIS OF THESE DOCUMENTS AND STATEMENT OF THE CONCERNED PART IES IN THE IMPOUNDED DOCUMENT, IT WAS CLEARLY MENTIONED THE NAME OF THE ASSESSEE. THE CIT(A) DID NOT ACCEPT THE AFFIDAVIT FILED BY THE ASSESSEE OBSERVIN G AS UNDER :- IN THE STATEMENT, SHRI KUNAL BAJWA ALSO ACCEPTED T HAT THE UNACCOUNTED SALES WERE MADE TO THE APPELLANT AS REC ORDED IN THESE DOCUMENTS. CONSIDERING ALL THESE FACTS THAT SHRI K UNAL BAJWA OF SHOE WORLD (BAJWA) EXPORT HAS CLEARLY STATED THAT HE MAD E UNACCOUNTED SALE TO M/S. BUNNY TRADING CO. AND IN THE IMPOUNDED DOCUMENTS ALSO NAME OF M/S. BUNNY TRADING CO IS CLEARLY MENTIONED, THE AFFIDAVIT FILED ON BEHALF OF THE APPELLANT STATING THAT THE A PPELLANT HAS NOT MADE ANY PURCHASE FROM SHOE WORLD (BAJWA) EXPORTS WHICH IS NOT RECORDED IN HER BOOKS OF ACCOUNT CANNOT ACCEPTED BECAUSE IT WAS NOT SIGNED BY THE APPELLANT BUT BY SOME ONE SHRI MUKESH MAHAJAN. THEREFORE, I AM OF CONSIDERED OPINION AFTER CONSIDERING OVER ALL FA CTS OF THIS CASE THAT THE APPELLANT HAS MADE UNACCOUNTED PURCHASES FROM M /S. SHOE WORLD (BAJWA) EXPORT. SINCE AFTER SCRUTINY OF THE SEIZED DOCUMENTS, LD. AR HAS ALSO DISPUTED THE AMOUNT OF RS.34,07,420/- COMP UTED IN THE ASSESSMENT ORDER ON THE BASIS OF THE IMPOUNDED DOCU MENTS AND HE HAS ALSO WORKED OUT THE RELEVANT AMOUNT AS TO BE ONLY R S.8,94,405/- IN HIS WRITTEN SUBMISSION PERTAINING TO FY 2005-06 RELEVAN T TO AY 2006-07 UNDER CONSIDERATION. 12. BEFORE US, THE ASSESSEE RELIED UPON VARIOUS DEC ISIONS WHICH DOES NOT HELP TO THE ASSESSEE AS THOSE DECISIONS WERE MADE ON THE BA SIS OF FACTS OF RESPECTIVE CASES. IN THE CASE UNDER CONSIDERATION, THE ASSESSEE HAS F AILED TO DISCHARGE THE BURDEN BY FURNISHING NECESSARY FINANCIAL STATEMENT, BOOKS OF ACCOUNT AND OTHER MATERIAL TO SUPPORT THAT THE BOOKS OF ACCOUNTS MAINTAINED BY TH E ASSESSEE WAS PERFECT AND THERE WAS NO MISTAKE IN MAINTAINING BOOKS OF ACCOUN T. THE ASSESSEE HAS ALSO FAILED ITA NO.395/AGR/2011 A.Y. 2006-07 11 TO FURNISH ANY SUPPORTING EVIDENCE REGARDING PURCHA SE AND SALES. CONTRARY, IT WAS ADMITTED BEFORE THE CIT(A), THOUGH ON ALTERNATE GRO UND, THAT ON THE BASIS OF IMPOUNDED DOCUMENTS THE CALCULATION OF PURCHASES WA S MADE BY THE ASSESSEE THOUGH THE A.O. HAS WRONGLY CONSIDERED THE FACT THA T THE IMPOUNDED DOCUMENTS PERTAINING TO SALE MADE BY THE ASSESSEE WHEREAS AFT ER DETAILED EXAMINATION BY THE CIT(A) THE CORRECT FACT WAS THAT THE ASSESSEE MADE SALE OUT OF BOOKS OF ACCOUNT WHICH THE ASSESSEE WAS UNABLE TO CONTROVERT BY ANY EVIDENCE OR MATERIAL. AFTER CONSIDERING TOTALITY OF THE FACTS OF THE CASE, WE D O NOT FIND ANY INFIRMITY IN THE ORDER OF THE CIT(A). 13. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT) SD/- SD/- (BHAVNESH SAINI) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY