CIT vs. Pashupati Nath Agro Food Products Pvt. Ltd

CIT vs. Pashupati Nath Agro Food Products Pvt. Ltd (Allahabad High Court)

HELD by the High Court dismissing the appeal:

  • The dispute is whether the Tribunal is justified in deleting the additions made on account of sale of rice and in the investment in stock of wheat outside the books of accounts.
  • On perusal of the impugned judgment and order of the Tribunal dated 27.10.2009 reveals that the assessee has maintained the books of accounts in accordance with the prescribed standard as per Section 145 of ‘the Act’. The account books have not been rejected by the assessing officer.
  • In view of the above, the Tribunal formed an opinion where once the account books are expected to be maintained in the prescribed accounting standard, the assessing officer could not have made any additions towards the sale of rice treating it to be outside the books of accounts or towards investing in stock of rice and wheat outside the books of accounts.
  • In view of the above, the controversy as raised above in this appeal stands duly covered by the Tribunal and it cannot be said that any investment was done beyond the books of accounts.