2005 (3) TMI 65 - HC - Income Tax

Question of law method of valuation of stock - appeal does not raise any questions of law revenue appeal dismissed

Summary

Issues: Valuation of foals, Depreciation on horses, Claim of depreciation on a flat

The judgment pertains to 18 appeals concerning the same assessee for different assessment years. The respondent, a private limited company engaged in breeding horses and agricultural activities, filed a return declaring a loss and agricultural income. The Assessing Officer questioned the valuation of stock of horses and computation of agricultural income. The main issues in the appeal were the valuation of foals and depreciation on purchased horses. The first appellate authority held that the assessee's valuation method was acceptable. The Income-tax Appellate Tribunal partly accepted the appeals, dismissing the Department's appeal on key issues. The Tribunal noted the consistent method of accounting by the appellant and ruled in favor of the assessee. The Tribunal also addressed the claim of depreciation on a flat in Bangalore, allowing it due to business use. The High Court concurred with the Tribunal's findings, emphasizing that factual determinations were not a legal controversy. The court cited precedents to support the view that questions of fact, such as valuation methods and account maintenance, do not constitute legal issues. The court dismissed the appeals, stating they did not raise any legal questions, and each party was directed to bear its own costs.