2003 (11) TMI 15 - HC - Income Tax

Deduction u/s 43B - Assessing Officer, while considering its claim for deduction of the amount of customs duty paid during the year u/s 43B, held that though that claim was in order, the assessee s further claim for exclusion of customs duty in the valuation of closing stock of raw material was against the principles of accounting and that the closing stock of raw material had to be valued after including the customs duty component. - In this case it is not clear as to whether the amount paid as duty has been allowed u/s 43B. The assessee is required to value the imported raw material by including therein the amount of duty paid. After the closing stock is so valued, the assessee would be entitled to claim the deduction for the amount of duty actually paid under section 43B

Summary

Issues:
1. Valuation of closing stock including customs duty component for deduction under section 43B of the Income-tax Act, 1961.

Analysis:
The High Court of MADRAS dealt with a case concerning the valuation of closing stock inclusive of the customs duty component for deduction under section 43B of the Income-tax Act, 1961 for the assessment year 1987-88. The Assessing Officer initially allowed the claim for deduction of customs duty paid during the year but disallowed the further claim for exclusion of customs duty in the valuation of closing stock of raw material. The Commissioner directed that the amount be allowed subject to adjustment in the opening stock for the subsequent year. The Tribunal upheld the Commissioner's order.

The Revenue contended that the decision resulted in a double deduction, citing the case of Southern Asbestos Cement Ltd. v. CIT, where it was held that closing stock should reflect the actual cost, including the customs duty component for imported material. On the other hand, the assessee relied on the case of Chemicals and Plastics India Ltd. v. CIT, where duty paid on raw material held as closing stock was treated as part of the asset under "Inventories" in the balance-sheet. The court emphasized the requirement to allow the duty paid under section 43B of the Act.

The court clarified that the imported raw material should be valued by including the duty paid, and after such valuation, the assessee could claim deduction for the duty actually paid under section 43B. The question before the court was whether the Tribunal was correct in upholding the Commissioner's decision to allow deduction for the customs duty element in the closing stock. The court ruled against the assessee but affirmed the right to claim deduction under section 43B for the duty actually paid during the year, provided it had not been received already.