2012 (8) TMI 733 - AT - Income Tax

Provision for obsolete stock written back - AY 02-03 - dis-allowance on ground that there is no provision under the Act to allow deduction for obsolete stock, hence provision for same written back would not be reduced from taxable income - assessee explained that though for AY 2001-02, provision for obsolete stock was made, however no deduction was claimed for same while computing total income - in view of no deduction claimed, subsequent reversal shall be deducted from the total income - Held that - In view of the conflicting claim made by the parties and considering the contentions of assessee that an income which has already been taxed is again being taxed, we think it proper to restore the matter back to the file of the AO who shall examine the issue as to whether the assessee in fact has not claimed deduction of provision for obsolete stock Provision for bad debts written back - AY 03-04 - dis-allowance - assessee explained that though for AY 2001-02, provision for bad debts was made, however no deduction was claimed for same while computing total income - in view of no deduction claimed, subsequent reversal shall be deducted from the total income - Held that - Since no provision for doubtful debts is allowed in the I.T. Act, if the provision is debited to the P/L A/c, it must be added back while computing total income. However, if it is credited to the P/L A/c as happens when it is written back, then the income is artificially increased while computing the income as per I.T. Act, the provision so credited has to be reduced from the total income. If not reduced would lead to taxing income twice. Since the entire provision created has already been offered to tax in the AY 2001-02, hence it is justified to allow the deduction of same - Decided in favor of assessee.

Summary

Issues Involved:
1. Reopening of assessment proceedings under Section 148.
2. Deduction for obsolete stock written back.
3. Deduction for provision of doubtful debts written back.

Detailed Analysis:

1. Reopening of Assessment Proceedings under Section 148:
The assessee raised an issue regarding the reopening of assessment proceedings under Section 148 of the Income Tax Act, claiming it was merely based on a change of opinion. However, during the proceedings, the assessee's representative did not press this issue. Consequently, the tribunal dismissed this ground as not pressed.

2. Deduction for Obsolete Stock Written Back:
The primary issue revolved around the disallowance of a deduction for obsolete stock written back amounting to Rs. 80,97,004/- for the assessment year 2002-03. The assessee argued that the provision for obsolete stock of Rs. 1,98,96,833/- was created in the assessment year 2001-02 but was not claimed as a deduction while computing the income for tax purposes. Instead, it was added back to the income. The assessee contended that the reversal of Rs. 80,97,004/- in the assessment year 2002-03 should not be taxed again, as it would amount to double taxation.

The CIT (A) initially held that since the provision for obsolete stock was already reduced from the closing stock in the assessment year 2001-02, the reversal in the assessment year 2002-03 could not be allowed as a deduction. However, the tribunal found conflicting claims regarding whether the provision was actually claimed as a deduction in the assessment year 2001-02. The tribunal decided to restore the matter to the Assessing Officer (AO) for re-examination, directing the AO to verify the assessee's claim and ensure that the same income is not taxed twice. The tribunal allowed the appeals for statistical purposes.

3. Deduction for Provision of Doubtful Debts Written Back:
The department challenged the CIT (A)'s decision to allow a deduction of Rs. 24,55,321/- for the provision of doubtful debts written back in the assessment year 2003-04. The assessee explained that the provision for doubtful debts was created in the assessment year 2001-02 but was not claimed as a deduction while computing the income for tax purposes. In the assessment year 2003-04, part of this provision amounting to Rs. 24,55,321/- was reversed and credited to the Profit & Loss account. The assessee argued that since the provision was not claimed as a deduction initially, its reversal should not be taxed again.

The CIT (A) analyzed the accounting entries and concluded that the provision for doubtful debts was added back to the income in the assessment year 2001-02, and therefore, its reversal in the assessment year 2003-04 should be deducted to avoid double taxation. The tribunal upheld the CIT (A)'s decision, finding no error in the reasoning and dismissing the Revenue's appeal.

Conclusion:
The tribunal restored the issue of deduction for obsolete stock written back to the AO for re-examination, emphasizing the need to avoid double taxation. It upheld the CIT (A)'s decision allowing the deduction for the provision of doubtful debts written back, ensuring no double taxation occurred. The appeals by the assessee were allowed for statistical purposes, and the departmental appeal was dismissed.