2015 (8) TMI 597 - AT - Income Tax

Valuation of stock - Addition on account of excise duty on closing STOCK of finished goods - CIT(A) deleted the addition - Held that - CIT(A) while deleting the addition held that when finished goods are not sold or cleared and element of excise duty thereon has not been incurred and debited to the trading account of the year, there was no question of making any addition to the value of closing stock. Before us, Revenue has not brought any contrary binding decision in its support. We further find that in the case of CIT vs. Loknete Balasaheb Desai SSK Ltd. (2011 (6) TMI 48 - BOMBAY HIGH COURT) has held that in respect of excisable goods manufactured and lying in stock, the excise duty liability would get crystallized on the date of clearance of goods and not on the date of manufacture. Considering the aforesaid facts, we find no reason to interfere with the order of ld. CIT(A) - Decided in favour of assessee. Disallowance of interest - CIT(A) deleted the addition - Held that - We find that ld. CIT(A) while granting relief has given a finding that Assessee was having sufficient interest free funds to cover the interest free advances. Ld. CIT(A) further relied on the decision of Ahmedabad Tribunal and Bombay High Court cited in his order. Before us Revenue has not brought any contrary binding decision on record in its support. We therefore find no reason to interfere with the order of ld. CIT(A). Thus this ground of Revenue is dismissed - Decided in favour of assessee.

Summary

Issues:
1. Deletion of excise duty on closing stock of finished goods.
2. Deletion of interest expenses due to diversion of interest-bearing funds.

Deletion of excise duty on closing stock of finished goods:
The appeal by the Revenue challenged the order of CIT(A) regarding the deletion of an addition of Rs. 8,00,000 on account of excise duty on closing stock of finished goods for A.Y. 2002-03. The Assessee, engaged in manufacturing welding automation equipment, valued the closing stock without considering excise duty. The A.O. added Rs. 8,00,000 to the closing stock, which the CIT(A) later deleted. The CIT(A) based the deletion on previous decisions of the ITAT Ahmedabad and the Madhya Pradesh High Court. The Revenue contended that excise duty should be included in the valuation of finished goods as per legal precedents. However, the ITAT Ahmedabad upheld the CIT(A)'s decision, citing the crystallization of excise duty liability upon goods clearance and lack of debiting in the trading account.

Deletion of interest expenses due to diversion of interest-bearing funds:
The second issue revolved around the deletion of interest expenses amounting to Rs. 2,33,833 due to the Assessee diverting interest-free advances to its sister concerns while paying interest on bank loans. The A.O. disallowed the interest, but the CIT(A) overturned this decision. The Assessee demonstrated sufficient interest-free funds and relied on legal precedents to support its case. The CIT(A) found no nexus between the borrowed funds and the advances. The ITAT Ahmedabad supported the CIT(A)'s decision, emphasizing the availability of interest-free funds to cover the advances. The Revenue's appeal was dismissed as it failed to provide contrary binding decisions to challenge the CIT(A)'s order.

In conclusion, the ITAT Ahmedabad upheld the CIT(A)'s decisions in both issues, emphasizing legal precedents and the Assessee's compliance with tax regulations. The Revenue's appeals were dismissed, and the orders in favor of the Assessee were maintained.