2013 (8) TMI 666 - AT - Income Tax

Valuation of closing stock - The Hon ble ITAT set aside the order of Ld CIT(A) with the directions to the assessee to submit the required information so as to arrive at the correct valuation of stock. However, the assessee did not file the required information. Therefore, the Assessing Officer made fresh assessment on the basis of earlier addition which was earlier made by the Assessing Officer by adopting GP rate - ITAT has held that at best the valuation could have been made by the Assessing Officer at Rs.1,29,28,299/- and not more than it as the method of valuation adopted by the assessee was cost or market price whichever is lower - CIT(A) has done the same and has taken this valuation to arrive at the disallowance. The Ld CIT(A) while taking this figure has ignored the discount of Rs.15,42,378/- as claimed by assessee in original assessment proceedings Held that - Had the assessee furnished break up of age- wise stock, the disallowance would have been less than this figure or at the most equal to Rs.15,42,378/- as Ld CIT(A) has taken full cost price of stock as on 31.3.1996 which was also the observation of ITAT. No infirmity in the order of CIT(A) Decided against the Revenue.

Issues Involved:

1. Deletion of addition on account of under-valuation of stock.
2. Deletion of trading addition.
3. Deletion of addition on account of special incentive to staff members.
4. Deletion of addition on account of franchise charges.
5. Deletion of addition on account of capital nature expenses.
6. Deletion of addition on account of repair & maintenance of garments.
7. Deletion of addition on account of expenses in share trading.

Detailed Analysis:

1. Deletion of Addition on Account of Under-Valuation of Stock:

The revenue contested the deletion of Rs.10,11,4771/- by the CIT(A) due to under-valuation of stock. The issue was previously set aside by the ITAT to verify the age-wise break-up of stock. The assessee failed to furnish the required details, leading the Assessing Officer (AO) to make an addition based on the gross profit (GP) ratio. The CIT(A) later restricted the addition to Rs.15,42,378/- based on the Tribunal's observations and the cost price of the stock. The Tribunal upheld the CIT(A)'s decision, noting that the valuation method adopted by the AO was not justified without specific defects in the quantitative stock details.

2. Deletion of Trading Addition:

For the year 2001-02, the AO made an addition of Rs.10,00,000/- due to the absence of opening and closing stock details and purchases from a sister concern. The CIT(A) deleted this addition, referencing the Tribunal's previous orders where similar additions were deleted. The Tribunal found no tangible material to support the AO's assumptions and upheld the CIT(A)'s deletion of the addition.

3. Deletion of Addition on Account of Special Incentive to Staff Members:

The AO disallowed Rs.8,19,760/- for special incentives to staff, citing a lack of basis for the payments. The CIT(A) deleted the addition, noting that the incentives were part of the total remuneration and supported by detailed records. The Tribunal confirmed the deletion, finding the expenses verifiable through provided documentation.

4. Deletion of Addition on Account of Franchise Charges:

The AO disallowed Rs.30,20,263/- in franchise charges, arguing that the agreement did not support further payments beyond an initial fee. The CIT(A) deleted the disallowance, referencing similar deletions in earlier years. The Tribunal upheld the CIT(A)'s decision, noting that the franchise charges were consistent with the agreement's clause for royalty payments based on turnover.

5. Deletion of Addition on Account of Capital Nature Expenses:

The AO treated Rs.6,55,424/- in repair expenses as capital in nature, arguing they altered the structure of a rented property. The CIT(A) allowed the expenses as regular wear and tear. The Tribunal agreed, noting that the expenses were of a revenue nature and did not provide an enduring benefit.

6. Deletion of Addition on Account of Repair & Maintenance of Garments:

The AO disallowed Rs.5,28,984/- for repairs and maintenance of garments, suggesting the goods should have been returned to the supplier. The CIT(A) deleted the addition, recognizing the expenses as necessary for the business. The Tribunal upheld this deletion, noting the inherent need for such expenses in the garment business and their support by vouchers and bills.

7. Deletion of Addition on Account of Expenses in Share Trading:

The AO allocated 1% of the share purchase value as expenses for share trading, which the CIT(A) deleted, noting that the transactions required minimal staff involvement. The Tribunal confirmed the deletion, finding the AO's allocation arbitrary and unsupported by the transaction details.

Conclusion:

The Tribunal dismissed the revenue's appeals for both assessment years, upholding the CIT(A)'s deletions of the various additions made by the AO. The decisions were based on the lack of specific defects, verifiable records, and consistent application of previous Tribunal findings.

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