2011 (7) TMI 1354 - HC - Income Tax

Summary

Issues involved: Appeal u/s 260-A of the Income Tax Act, 1961 against ITAT order for assessment year 2006-2007. Questions of law regarding deletion of addition on account of valuation of closing stock and disallowance under Section 36(1)(va) of the Act.

Valuation of Closing Stock: The Assessing Officer added Rs. 15 Lacs to the total income of the assessee due to lack of basis provided on valuation for perfumes. However, CIT (Appeals) deleted the additions based on the assessee's maintained records and evidence. The Tribunal upheld this decision, noting that no appeal was made by Revenue against the CIT (A) order for the previous year, and there were no changes in facts or circumstances. The Tribunal found no error in the CIT (A) findings, leading to the dismissal of the appeal.

Disallowance under Section 36(1)(va): The disallowance of Rs. 78,790 under Section 36(1)(va) of the Act, related to the Employees Contribution Fund. The Assessing Officer disallowed it due to delayed payment, considering it as the employer's income. However, CIT (A) disagreed and the Tribunal, following the decision of the Delhi High Court, upheld the CIT (A) findings. The Court found no error in the Tribunal's approach and dismissed the appeal, as no question of law arose for consideration.