2008 (7) TMI 849 - HC - Income Tax

Summary

Issues involved: Tax appeal u/s 260A of the Income Tax Act, 1961 for assessment year 2003-04 against the order passed by the tribunal dated 29.6.2007 in Income Tax Appeal No.635/Ahd/2007 regarding addition in closing stock valuation.

Summary:

Issue 1: Valuation of closing stock
The Revenue filed a Tax Appeal against the tribunal's order adding Rs.52,75,902/- in the closing stock of the assessee for assessment year 2003-04. The Appellate Tribunal allowed the issue in favor of the assessee, deleting the addition. The Revenue contended that the method adopted by the Assessing Officer for valuation of closing stock based on average cost was correct, and the Tribunal's reasoning was not convincing. However, the Tribunal held that the assessee valued rough diamonds at cost when market value was less, and at market value when it was lower than cost. The Tribunal referred to the judgment of the Supreme Court in Sanjeev Woolen Mills Vs. CIT, 279 ITR 434 SC, emphasizing the assessee's consistent method of valuation. The Court found that the Tribunal's decision was based on factual findings and no substantial question of law arose.

In conclusion, the High Court dismissed the appeal, upholding the Tribunal's decision on the valuation of closing stock for the assessment year 2003-04.