9911796707
|
Home
Issues Involved:
1. Whether the parental flock is considered stock-in-trade. 2. Whether the expenditure incurred on the parental flock is revenue expenditure. Issue-Wise Detailed Analysis: 1. Whether the Parental Flock is Considered Stock-in-Trade: The central question addressed by the court was whether the parental flock could be classified as stock-in-trade. The Tribunal had previously held that the parental flock was not stock-in-trade, arguing that it was purchased not for sale but for rearing to produce eggs, which would then hatch into commercial chicks intended for sale. The Tribunal's decision was based on the method of accounting suggested by the Institute of Chartered Accountants of India, which did not provide a specific method for evaluating the parental flock at the end of the accounting year. The Revenue contended that the Tribunal failed to consider the business's modus operandi, which involves purchasing one-day-old chicks (parental flock), rearing them, and collecting and processing the eggs to produce commercial chicks. The Revenue argued that if the parental flock is not accounted for as closing stock, it would result in a distorted picture of the business's true profits. The court referred to several precedents to understand the concept of stock-in-trade. In Chainrup Sampatram v. CIT, the Supreme Court held that the valuation of unsold stock at the close of an accounting period is necessary to determine the trading results of that period. In CIT v. A. Krishnaswami Mudaliar, it was held that the stock-in-trade must be taken into account for computing the true profits of the year. In CIT v. British Paints India Ltd., the Supreme Court emphasized that excluding certain costs for valuing stock-in-trade could result in a distorted picture of the business. The court concluded that the parental flock should be treated as stock-in-trade. It noted that the parental flock, though not directly sold, plays a crucial role in the business's production process and has a market value even after its productive period. The court emphasized that the parental flock's value could not be regarded as nil unless proven otherwise by adequate evidence. 2. Whether the Expenditure Incurred on the Parental Flock is Revenue Expenditure: The Tribunal had also held that the expenditure incurred on the parental flock was revenue expenditure. The Revenue argued that only those purchases that contributed to the income of the accounting year should be allowed as business expenses. The remaining stock should be accounted for as closing stock. The court noted that the Commissioner of Income-tax (Appeals) and the Tribunal had been guided by the concept that stock-in-trade means what is bought and sold. However, the court pointed out that the parental flock, being a living species, grows and lays eggs, which are then hatched to produce commercial chicks. The court emphasized that the parental flock's value could not be disregarded simply because it is eventually discarded or destroyed. The court remanded the matters to the Assessing Officer to reassess, keeping in view the principles laid down in the cited cases. The court allowed the assessee to adduce evidence to show that there was nothing to be maintained as stock-in-trade by the end of the year. Conclusion: (a) The question posed in all the reference cases is answered in the negative, in favor of the Revenue and against the assessee. (b) The appeals under section 260A of the Income-tax Act by the Revenue are allowed to the extent that the parental flock is to be treated as stock-in-trade. (c) All matters are remitted to the Assessing Officer to reassess, considering the citations referred to and the principle that the value adopted as closing stock in a particular assessment year should be treated as the value of the opening stock-in-trade in the immediately next following year. (d) The assessee is allowed to present evidence to show that there was nothing to be maintained as stock-in-trade by the end of the year. The Assessing Officer shall be guided by the principles laid down to resolve the controversy.
|
