2013 (12) TMI 162 - HC - Income Tax

Valuation of stock of spares - Held that - The items may be small in nature, may be numerous but each item which is in stores of the assessee is required to be valued - The assessee cannot be permitted to assert that the stock of spares is not required to be valued in the closing stock - The assessee retains stock of spares for 15 days - The CIT(A) valued the stock not for 30 days but for 15 days - The valuation accepted by the Commissioner of Income Tax (Appeals) is correct - Decided in facour of Revenue.

Summary

Issues:
Appeal against deletion of addition on account of closing stock of stores, spares, tools.

Analysis:
The High Court heard an appeal regarding an order by the Income Tax Appellate Tribunal concerning the assessment year 1994-95. The Assessing Officer had added Rs. 9,04,632 as the value of tools and spares for one month, not reflected in the previous year's closing stock. The Commissioner of Income Tax (Appeals) reduced the addition to 50% of the amount, considering the stock for 15 days. The Tribunal, however, relied on earlier orders for different assessment years by another entity. The revenue appealed under Section 260-A of the Income-tax Act, claiming the Tribunal's order was unjustified.

The appellant argued that the stock of spares is retained for 15 days, not 30 days as estimated by the Assessing Officer. The appellant contended that the Tribunal erred in relying on orders related to a different assessee. Conversely, the respondent referred to a previous court order where the revenue's appeal was dismissed due to the consistent stand of the assessee in maintaining stock over the years.

The Court found the Tribunal's order unsustainable, as the assessee admitted to maintaining stock for 15 days. Each item in the stock needed valuation, and the Tribunal's reliance on other orders was deemed inappropriate. The Court noted that the previous court order cited by the respondent did not apply to the present case, as there was no evidence of the assessee not showing closing stock in its accounts. The valuation accepted by the Commissioner of Income Tax (Appeals) aligned with the assessee's reply, indicating an average stock of 15 days. Consequently, the Court ruled in favor of the revenue, setting aside the Tribunal's order.

In conclusion, the Court found the Tribunal's decision unjustified and ruled in favor of the revenue, answering the question of law against the assessee.