2016 (7) TMI 933 - HC - Income Tax

Addition towards adjustment entry of closing stock valuation as a consequential effect to the accepted VDIS proceedings - Held that - Necessary entry in the trading account has since been made to give effect to the under valuation of stock pertaining to the earlier year which was declared under the VDIS Scheme. The reconstructed trading account as stated in the submission of the appellant clarifies the position in this regard. It is therefore held that necessary effect to the VDIS declaration has since been given in the case of the appellant and no further addition on this account during the assessment year under consideration is called for. Addition is therefore deleted - Decided in favour of the assessee.

Summary

Issues:
1. Addition of closing stock valuation adjustment in the assessment year.
2. Disallowance of prior period adjustment amount by the Income Tax Appellate Tribunal.
3. Interpretation of the Voluntary Disclosure Income Scheme, 1997.
4. Applicability of accounting principles in tax assessments.

Analysis:

Issue 1: Addition of closing stock valuation adjustment
The appellant contested the addition of ?9,44,771 towards the adjustment entry of closing stock valuation as a consequential effect of the Voluntary Disclosure Income Scheme proceedings in the preceding assessment year. The CIT (Appeals) allowed the adjustment, but the Tribunal reversed this decision. The appellant argued that the increase in stock in trade for the current assessment year should be considered a consequential effect in the opening stock of the current assessment year. The Tribunal, however, found the CIT (Appeals) decision incorrect.

Issue 2: Disallowance of prior period adjustment
The Tribunal disallowed the prior period adjustment amount, stating that the appellant failed to prove that the amount was shown as an investment in the closing stock by way of assets. The Tribunal upheld its decision, indicating that the CIT (Appeals) was not correct in law in deleting the addition.

Issue 3: Interpretation of the Voluntary Disclosure Income Scheme
The CIT (Appeals) observed that the necessary entry in the trading account had been made to give effect to the undervaluation of stock declared under the Voluntary Disclosure Income Scheme. The Tribunal disagreed with this interpretation, leading to the appeal by the assessee.

Issue 4: Applicability of accounting principles
The appellant argued that the addition should be deleted based on established principles of accountancy. The CIT (Appeals) agreed and deleted the addition, emphasizing that the necessary effect of the Voluntary Disclosure Income Scheme declaration had been given. The High Court concurred with the CIT (Appeals) and quashed the Tribunal's order, ruling in favor of the assessee and restoring the CIT (Appeals) decision.

In conclusion, the High Court upheld the deletion of the addition, emphasizing the application of accounting principles and the effect of the Voluntary Disclosure Income Scheme declaration on the closing stock valuation adjustment.