2013 (5) TMI 889 - AT - Income Tax

Summary

Issues involved: Dispute over deletion of addition made by Assessing Officer on account of unavailed cenvat balance in the closing stock.

Issue 1: Addition to closing stock on account of modvat credit under section 145A of the Act

The Assessing Officer initially made an addition to the closing stock for unutilized modvat credit under section 145A of the Income Tax Act, 1961, which was confirmed by CIT(A). However, the Tribunal later directed the Assessing Officer to re-compute income in line with section 145A. Despite this, the Assessing Officer again added unutilized modvat in the closing stock without adjusting the opening stock, purchases, and sales. The assessee argued that adjustments were also required in the opening stock based on judgments from the Hon'ble High Courts of Delhi and Bombay. CIT(A) agreed, stating that the adjustment under section 145 was necessary for all stages, not just the closing stock. The Tribunal upheld CIT(A)'s decision, citing the requirement to apply section 145A comprehensively.

In the case, the Appellate Tribunal ITAT MUMBAI addressed the issue of addition to closing stock on account of modvat credit under section 145A of the Income Tax Act. The Tribunal highlighted the necessity of adjustments for tax, duty, cess, or fee at all stages, including opening stock, purchases, sales, and closing stock, as per the method of accounting regularly employed by the assessee. Referring to judgments from the Hon'ble High Courts of Delhi and Bombay, the Tribunal affirmed CIT(A)'s directive to apply section 145A holistically, not limited to the closing stock alone. Consequently, the Tribunal dismissed the revenue's appeal, upholding the decision of CIT(A) in its entirety.