2006 (11) TMI 118 - HC - Income Tax

Tribunal held that he valuation of the stock declared to the back was infact inflated & that the correct valuation was not suppressed from the revenue revenue can t prove valuation incorrect mere by relying on statement of assessee to its bank assessee s valuation can t be rejected.

Summary

Issues:
1. Appeal concerning the decision of the Income-tax Appellate Tribunal for the assessment year 1991-92.
2. Question regarding the deletion of sales tax from total turnover for deduction under section 80HHC of the Income-tax Act, 1961.
3. Tribunal's order directing deletion of the addition of the value of closing stock.

Analysis:
1. The appeal before the High Court concerned the decision of the Income-tax Appellate Tribunal for the assessment year 1991-92. Two questions of law were raised in the appeal. The second question pertained to the Tribunal's direction to delete the addition of sales tax from the total turnover for determining the deduction under section 80HHC of the Income-tax Act, 1961. The Tribunal's decision was based on a precedent set by the Division Bench in a previous case, CIT v. Sudarsharn Chemicals Industries Ltd. The High Court upheld the Tribunal's decision in this regard.

2. The other issue raised in the appeal was related to the Tribunal's order directing the deletion of the addition of Rs. 17,79,248, representing the value of closing stock. The Revenue sought to rely on a statement provided by the respondent-assessee to the bank regarding the valuation of the stock. However, the Tribunal found that the valuation declared to the bank was inflated and that the correct valuation was not suppressed from the Revenue. The Tribunal's decision was influenced by a judgment of the Madras High Court in the case of CIT v. N. Swamy, where it was held that the burden of proof in such cases lies on the Revenue and cannot be discharged merely by referring to a statement of the assessee to a third party. The High Court, agreeing with the Tribunal's reasoning and the precedent set by the Division Bench of the court and the Madras High Court, dismissed the appeal.

3. In conclusion, the High Court dismissed the appeal after considering the issues raised regarding the deletion of sales tax from total turnover for deduction under section 80HHC and the deletion of the value of closing stock. The Court upheld the Tribunal's decisions based on the legal principles established by previous judgments, emphasizing the burden of proof on the Revenue in matters of valuation and deduction under the Income-tax Act.