2013 (1) TMI 454 - HC - Income Tax

Disallowances of provision - Devaluation of stock - Inventory of work in progress and finished goods - The treatment followed by the company was that while determining the manufacturing/trading account valuation of inventory was carried and the realisable value determined - The amount of depreciation/impairment of the finished goods and work in progress had to be reflected separately as per the Accounting Standards The amount of devaluation has been reflected in the Schedule by reducing the difference between the opening and closing stock and taking the balance to the P & L Held that - As concluded from the facts of the case the debit had to be made to the P & L an extra-ordinary item arising out of the devaluation/depreciation of the inventory. Devaluation amount was reflected separately in the P & L only because of the presentation. Tribunal following its earlier order dated 7.11.2008 in the case of the assessee for the A.Ys 2000-01 and 2001-02 passed in ITA Nos.3952 and 2558. The revenue fairly submitted that no appeal had been filed against the aforesaid order of the Tribunal. no question of law much less substantial question of law - In favour of assessee

Issues:
1. Disallowance of provisions made towards ageing of inventory of work in progress and finished goods.
2. Disallowance of depreciation claimed on amount capitalized on account of foreign exchange fluctuation.
3. Disallowance of loss due to exchange fluctuation in respect of debtors and creditors.
4. Disallowance of certain expenses for personal usage.

Issue 1: Disallowance of provisions made towards ageing of inventory of work in progress and finished goods:
The primary issue is whether the assessee was justified in claiming Rs.28,45,951/- for provisions made towards ageing of inventory. The CIT(A) upheld the claim, stating that the company's accounting policy was in line with Accounting Standard 2 on valuation of inventories. The AO's misunderstanding of the accounting treatment was clarified, showing that the amount in question was a valid charge to the trading account and correctly claimed as a deduction. The Tribunal affirmed this decision, noting consistency with previous orders. The revenue did not appeal against the Tribunal's earlier order, and no errors were found in the findings. Consequently, no substantial question of law arose, leading to the dismissal of the appeal.

Issue 2: Disallowance of depreciation claimed on amount capitalized on account of foreign exchange fluctuation:
The Apex Court's decision in a related case was cited, concluding that the assessee was entitled to capitalize on account of foreign exchange fluctuation and claim depreciation accordingly. The Court held in favor of the assessee, allowing the claim based on the fluctuation of foreign exchange rates and the increase in the cost of the asset.

Issue 3: Disallowance of loss due to exchange fluctuation in respect of debtors and creditors:
The addition of Rs. 2,61,469/- due to exchange fluctuation in respect of debtors and creditors was disputed. The CIT(A) deleted the addition, and the Tribunal upheld this decision, relying on a previous Apex Court decision. The appeal of the revenue was dismissed based on the consistent application of legal principles.

Issue 4: Disallowance of certain expenses for personal usage:
Additions on account of telephone and postal expenses, car expenses, and labor welfare expenses for personal usage were made. The CIT(A) disposed of the appeal in line with the previous assessment year. The Tribunal allowed the cross objections of the assessee and dismissed the appeal of the department, leading to the revenue's appeal before the Court. The Court ultimately dismissed the appeal, finding no substantial question of law for consideration.

In conclusion, the judgment addressed various issues related to disallowances and expenses, providing detailed reasoning for each decision. The Court's analysis ensured compliance with accounting standards and legal provisions, resulting in the dismissal of the revenue's appeal.

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