2020 (12) TMI 567 - HC - Income Tax

Addition towards valuation of closing stock - Whether addition towards valuation of closing stock would arise only when the stock continues to be held by the assessee in the next year and not in a case where the business of the assessee along with stock was taken over by a company on 08.01.2012? - HELD THAT - This is a mixed question of fact and law, which has to be considered because the revenue did not dispute the fact that the business of the assessee along with the stock was taken over by the company on 08.01.2012, therefore, we deem it appropriate to remand the matter to the assessing officer for fresh consideration on this aspect after due opportunity to the assessee. For the above reasons, the Tax case Appeal is allowed. The impugned order passed by the Tribunal is set aside and the matter is remanded to the Assessing Officer to verify the aspect, which has been pointed out in the preceding paragraphs.

Summary

Issues:
1. Valuation of closing stock upon business takeover by a company.

Analysis:
The appeal was filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal for the Assessment Year 2012-2013. The substantial question of law raised was whether the addition towards the valuation of closing stock should arise only if the stock continues to be held by the assessee in the next year, not when the business along with stock was taken over by a company on a specific date.

The assessee, engaged in retail sale of garments, had its business taken over by a private limited company on a particular date, which was not disputed by the assessing officer. The assessment was completed, determining the total income and making an addition towards the valuation of closing stock based on the belief that it did not reflect the true status of the business. The Commissioner of Income Tax (Appeals) and the Tribunal upheld this addition, leading to the appeal before the High Court.

Upon hearing the arguments, the High Court noted that the assessing officer had acknowledged the business takeover by the company. The Court observed that the issue of valuation of closing stock upon such a takeover was crucial and required a detailed examination. It was emphasized that the sale of stock, not its valuation for the next year, was significant in this context. The Court found that the Tribunal did not adequately address this issue and decided to remand the matter to the assessing officer for fresh consideration, granting the assessee an opportunity to present their case.

In conclusion, the Tax case Appeal was allowed, the Tribunal's order was set aside, and the matter was remanded to the Assessing Officer for reevaluation. The Court highlighted the importance of determining whether the valuation of closing stock should be affected by the business takeover, leaving the substantial question of law open for further consideration.