2014 (5) TMI 148 - HC - Income Tax

Deletion of disallowance of provision for obsolete stock Compliance of the method of valuation u/s 145A of the Act - Held that - The Tribunal was rightly of the view that the assessee is continuously following the policy of valuation of closing stock on the basis of net realizable value which is in accordance with accounting principle - there is no deviation from the method of valuation prescribed u/s145A - the dispute is intensely factual - The Tribunal was guided by the tax auditor s report which indicated that a reasonable method was adopted for treatment of the obsolete stock - The Tribunal s view is not only plausible but a reasonable one - The assessee has been found to have followed the accounting standard thus, no substantial question of law arises for consideration Decided against Revenue.

Summary

Issues:
1. Disallowance of provision for Obsolete Stock
2. Consistency in valuation of closing stock
3. Application of accounting principles in stock valuation

Issue 1: Disallowance of provision for Obsolete Stock
The High Court addressed the issue of disallowance of the provision for Obsolete Stock by the revenue. The case involved an assessee, a subsidiary of a company, filing its return for assessment year 2005-06, which was selected for scrutiny. The Assessing Officer (AO) added back Rs. 65,11,174/- as obsolete stock, a decision upheld by the CIT (Appeal). However, the Tribunal overturned these decisions, citing consistency in the assessee's valuation method based on net realizable value. The Tribunal emphasized the importance of following accounting principles, as evidenced by the tax audit report. The High Court noted that the Tribunal's decision was reasonable, considering the method adopted for obsolete stock treatment and the adherence to accounting standards. As a result, the Court dismissed the appeal, finding no substantial question of law.

Issue 2: Consistency in valuation of closing stock
The Tribunal's decision was based on the principle of consistency in the valuation of closing stock by the assessee. The Tribunal highlighted that the assessee consistently valued its inventories at the lower of cost or net realizable value, in line with accounting standards. The Tribunal referenced a previous case law where the Tribunal and the Delhi High Court upheld the assessee's method of accounting for slow-moving or obsolete stock. Despite objections raised by the Departmental Representative (DR) regarding differences in items dealt with, the Tribunal found that the principle of valuation remained the same. Ultimately, the Tribunal allowed the appeal of the assessee based on judicial pronouncements and the specific facts of the case.

Issue 3: Application of accounting principles in stock valuation
The High Court emphasized the importance of adhering to accounting principles in the valuation of stock. It noted that the assessee had followed a reasonable method for treating obsolete stock, as indicated in the tax auditor's report. The Court found the Tribunal's decision to be reasonable and aligned with the accounting standard followed by the assessee. The Court concluded that no substantial question of law arose from the dispute, leading to the dismissal of the appeal.