2016 (2) TMI 303 - HC - Income Tax

Addition on account of inventory written off - Held that - As far as the present case is concerned, the CIT (A) having noted categorically that the complete details of inventory were furnished by the Assessee together with evidence of persons before whom the items were disposed of, and with the inventory clearly not being available for any verification, no purpose will be served by remanding the matter to the AO for that exercise. - Decided against revenue

Summary

Issues:
1. Justification of deletion of addition on account of inventory written off by the ITAT.

Analysis:
The judgment pertains to an appeal under Section 260A of the Income Tax Act, 1961, against an order passed by the Income Tax Appellate Tribunal (ITAT) for the Assessment Year 2003-04. The primary issue raised by the Revenue was the deletion of an addition of &8377; 2,07,89,275 made by the Assessing Officer (AO) on account of inventory written off by the Assessee. The Assessee, engaged in the business of manufacturing toothbrushes and dealing in small electrical appliances, had sold assets of the manufacturing business and discontinued a domestic business. The AO disallowed the inventory written off as the Assessee failed to provide substantial evidence and details of the damaged and unserviceable goods.

Upon appeal to the Commissioner of Income Tax (Appeals) [CIT (A)], the Assessee submitted a detailed explanation of the inventory written off, supported by evidence of disposal. The CIT (A) allowed the appeal, noting that the Assessee had provided complete details of the inventory and referred to a similar decision in favor of the Assessee for the subsequent Assessment Year 2004-05. The Revenue contended that since the ITAT had remanded a similar matter for verification in a different assessment year, the present case should also be remanded.

The High Court observed that the CIT (A) had already verified the details provided by the Assessee, including evidence of disposal, and concluded that remanding the matter for further verification by the AO would serve no purpose. The Court found no substantial question of law arising from the ITAT's order, which had concurred with the CIT (A)'s decision. Consequently, the appeal was dismissed, upholding the deletion of the addition on account of inventory written off by the ITAT.