2001 (8) TMI 269 - AT - Income Tax

Summary

Issues: Valuation of closing stock of securities based on market price

Comprehensive Analysis:

Issue 1: Valuation of closing stock of securities
The appeal by the assessee was against the order of CIT(A)-V, Ahmedabad, for the assessment year 1990-91. The assessee, a company dealing in shares and securities, was subject to audit by the C & A.G. of India. The dispute arose when the AO added Rs. 16,06,194 to the value of closing stock of securities, contending that the market value should not include the discount/brokerage payable on the sale of securities. The CIT(A) upheld the AO's decision.

Issue 2: Arguments of the Assessee
The authorized representative of the assessee argued that the company maintained proper books of accounts, audited by the Comptroller and Auditor General of India. The method of valuation of closing stock of securities, "cost or market price whichever is lower," was consistently followed. Referring to the auditor's observations and accounting standards, the representative highlighted that the valuation of stock was fair and proper as per accepted accounting principles.

Issue 3: Revenue Authorities' Position
The Departmental Representative supported the orders of the Revenue authorities, emphasizing the market price of non-convertible debentures of GSFC Ltd. as Rs. 28 per NCD, while the assessee claimed it to be Rs. 27.79 after considering the brokerage amount.

Issue 4: Tribunal's Decision
After considering the submissions and records, the Tribunal found that the method of valuation, "cost or market price whichever is lower," was undisputed. The crucial disagreement was on defining the "market price." The Tribunal agreed with the assessee that the market price should be the net realized value after deducting brokerage, in line with accepted accounting principles and the guidance of C & AG and AS 13 of the Institute of Chartered Accountants of India. Consequently, the Tribunal allowed the appeal of the assessee, rejecting the Revenue authorities' view.

In conclusion, the Tribunal's judgment favored the assessee's argument regarding the valuation of closing stock of securities based on the net realized value after deducting brokerage, emphasizing adherence to accepted accounting principles and standards.