2010 (8) TMI 1125 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance of expenses.
2. Valuation of closing stock.

Summary:

1. Disallowance of Expenses:
The assessee appealed against the CIT(A)'s order sustaining the addition of Rs. 6,70,160/- out of total expenses of Rs. 9,35,031/- disallowed by the AO. The AO disallowed these expenses on the grounds that no business activity was carried out by the assessee during the year, thus the expenses were not for business purposes. The CIT(A) upheld the disallowance except for depreciation, which was allowed as the assessee had shown an income of Rs. 4,86,979/- from machine hire charges considered as business income. The Tribunal, after considering the facts and circumstances, held that the assessee's business was temporarily suspended due to adverse conditions but had not been abandoned. Citing precedents, the Tribunal concluded that the business was continuing and allowed the expenses as business deductions, directing the AO to modify the assessment order accordingly.

2. Valuation of Closing Stock:
The assessee revalued the opening stock from Rs. 1,83,81,266/- to Rs. 1,64,01,070/-, resulting in a reduction of Rs. 19,80,196/-. The AO disallowed this reduction due to lack of evidence or a valuer's report. The CIT(A) confirmed the AO's action. The Tribunal, however, noted that the assessee had consistently followed the method of valuing closing stock at cost or market value, whichever is lower, and that the reduced value was accepted as the opening stock in the subsequent year's assessment. The Tribunal found the assessee's valuation justified, given the perishable nature of the stock and the consistent accounting method, and deleted the addition made by the AO, directing the AO to modify the assessment order accordingly.

Conclusion:
The appeal filed by the assessee was allowed, and the Tribunal directed modifications to the assessment order in favor of the assessee.