2018 (8) TMI 921 - HC - Income Tax

Valuation of stock - addition made on account of opening stock - disallowance in respect of provisions of interest liability of central excise refund - disallowance of interest being on funds utilized for giving interest free loans to sister concerns - disallowance of expenditure on issue of non-convertible and fully convertible debenture - ITAT deleted all the additions made by the AO - Held that - No substantial question of law arises. - The decision ITAT confirmed - Decided against the revenue.

Summary

Issues:
1. Disallowance of addition on account of opening stock
2. Disallowance of addition on account of disallowance in respect of provisions of interest liability of central excise refund
3. Disallowance of addition on account of interest on funds utilized for giving interest-free loans to sister concerns
4. Disallowance of expenditure on the issue of non-convertible and fully convertible debenture

Analysis:

Issue 1:
The first issue pertains to the disallowance of addition on account of opening stock. The court noted that the Assessing Officer was required to adopt the value of opening stock for the relevant assessment year equally to the value of the closing stock of the preceding year. Both the CIT (Appeals) and ITAT concurred that the value of the closing stock of the previous year should be adopted as the opening stock for the current year. Consequently, the court agreed with the decision of the ITAT to delete the addition made by the Assessing Officer on account of opening stock. It was held that no substantial question of law arose in this regard.

Issue 2:
The second issue involves the disallowance of addition on account of provisions of interest liability of central excise refund. The court observed that the liability, though settled during the year due to a High Court order, accrued during the relevant year. As the assessee followed the mercantile system of accounting, the court agreed with the ITAT's decision to delete the addition made on account of disallowance in respect of provisions of interest liability on central excise refund. No substantial question of law was found to arise in this context.

Issue 3:
Regarding the disallowance of addition on account of interest on funds used for interest-free loans to sister concerns, the court noted a similar treatment in a previous assessment year. The decision of the Tribunal in the earlier year was accepted by the Department. Consequently, the court upheld the ITAT's decision to delete the addition made on account of disallowance of interest on funds utilized for interest-free loans to sister concerns. It was held that no substantial question of law arose in this matter.

Issue 4:
The final issue concerns the disallowance of expenditure on the issue of non-convertible and fully convertible debentures. The court referenced a Supreme Court decision stating that such expenditure is allowable and should be treated as revenue expenditure. Despite the Revenue's contention that the assessee treated the expenses as capital expenses in the books of accounts, the court emphasized that the legal treatment of the expenditure is paramount. Therefore, the court agreed with the ITAT's decision to delete the disallowance of expenditure on the issue of debentures, stating that no substantial question of law arose.

In conclusion, the court dismissed the appeal, affirming the decisions of the ITAT on all the issues raised.