2011 (1) TMI 1338 - AT - Income Tax

Summary

Issues involved:
1. Disallowance of provision made towards ageing of inventory of work in progress and finished goods.
2. Disallowance of amount capitalized on account of foreign exchange fluctuation.
3. Disallowance of loss due to restatement/revaluation of debtors and creditors.
4. Disallowance of running and maintenance expenses and depreciation for personal usage.

Disallowed provision for ageing of inventory:
The Revenue appealed the deletion of disallowance of Rs. 28,45,951 made by the Assessing Officer. The Tribunal upheld the deletion, citing precedent where a similar issue was decided in favor of the assessee. The genuineness of the claim was upheld, and the addition was deleted.

Disallowance of foreign exchange fluctuation amount:
The Revenue challenged the deletion of disallowance of Rs. 1,47,876 on account of foreign exchange fluctuation. The Tribunal upheld the deletion, as the issue had been decided in favor of the assessee in previous years. The liability was deemed notional, and depreciation was allowed based on previous tribunal decisions.

Loss due to restatement/revaluation of debtors and creditors:
The Revenue contested the deletion of disallowance of Rs. 2,61,469 due to restatement/revaluation of debtors and creditors. The Tribunal upheld the deletion, following a precedent set by the Hon'ble Apex Court, where such losses were considered as expenditure under section 37(1) of the IT Act.

Disallowance of running and maintenance expenses for personal usage:
The assessee objected to the disallowance of running and maintenance expenses and depreciation for personal usage. The Tribunal set aside the order of the Ld. Commissioner of Income Tax (Appeals) and decided the issue in favor of the assessee, based on previous tribunal decisions in similar cases.

In conclusion, the appeal filed by the Revenue was dismissed, and the cross objection filed by the assessee was allowed based on the Tribunal's decisions and precedents.