2022 (5) TMI 602 - AT - Income Tax

Revision u/s 263 - cost of stores debited to profit and loss account - HELD THAT - We find the assessee has filed the information incompliance to the notice issued and clarifications are filed over a period of time in the assessment proceedings on the cost of stores debited to the profit and loss account. AR has demonstrated the documents filed in the factual paper book discussed. Accordingly the assessee has diligently complied with the provisions of Act, and maintained the facts /details in the books of accounts and fallowed the Accounting standard -2 in valuation of inventories. Therefore we are of the opinion that the directions of the Pr.CIT order in respect of claim of stores in the profit and loss account cannot be sustained and allow the grounds of appeal pertaining to the disputed issue on claim of stores. Set off of brought forward business loss against the short term capital gains - The contentions of the Ld.AR are that the Building and plant machinery were sold as block of assets and short term capital gains worked out over and above the WDV. The assessee has carried forward business loss of A.Y.2007-08 and claimed set off with the short term capital gains and relied on the judicial decision on merits. The Ld.DR submissions are that the PCIT has dealt on the facts which proves that the A.O. has not applied his mind and not made enquiries on the issues. We find the assessee has submitted the assessment order pertaining to A.Y 2007-08 before the A.O on 17.04.2017. We find the A.O has called for the information, but there is no examination and verification of the facts or findings by the A.O on the set off of short term capital gains with carry forward loss. Accordingly, the matter needs to be verified and reasons for claim should be justified. We do not find infirmity in the order of the Pr.CIT on the directions to A.O. for verification of set off of loss and up hold the same and dismiss this ground of appeal of the assessee and partly allow the assessee appeal.

Issues Involved:
1. Delay in filing the appeal before the tribunal and condonation of delay.
2. Validity of the order passed by the Principal Commissioner of Income Tax under section 263 of the Income Tax Act, 1961.
3. Allowability of cost of stores in the profit and loss account.
4. Set off of brought forward business losses against short term capital gains.
5. Application of Section 263 in respect of set off of business losses against short term capital gains.

Issue 1: Delay in filing the appeal and condonation of delay:
The appellant filed an appeal against the order of the Principal Commissioner of Income Tax (Pr. CIT) under section 263 of the Income Tax Act, 1961. The appellant requested condonation of a 12-day delay in filing the appeal before the tribunal. The tribunal found the reasons mentioned in the affidavit for the delay reasonable and accepted them. The delay was condoned, and the appeal was admitted.

Issue 2: Validity of the order passed under section 263:
The appellant challenged the order passed by the Pr. CIT under section 263, claiming it to be bad in law and liable to be quashed. The grounds of appeal included errors in invoking section 263, alleging that the assessing officer had already verified the issues and allowed them. The appellant argued that the treatment of cost of stores in the books of account was as per the accrual basis of accounting and should be allowed as a deduction. The Pr. CIT's order regarding the set off of brought forward business losses and short term capital gains was also contested.

Issue 3: Allowability of cost of stores in the profit and loss account:
The appellant contended that the cost of stores claimed in the profit and loss account was in compliance with the mercantile method of accounting. The appellant argued that the stores were carried as inventory and debited to the profit and loss account when issued for production and consumed. The appellant relied on Section 37(1) of the Act to claim the cost as a business expenditure. The tribunal found that the appellant had diligently complied with the provisions of the Act and maintained accurate records, allowing the grounds of appeal related to the claim of stores.

Issue 4: Set off of brought forward business losses against short term capital gains:
Regarding the set off of brought forward business losses against short term capital gains, the appellant claimed that the losses were set off in compliance with the law. However, the tribunal noted that the assessing officer had not thoroughly examined or verified the facts related to this set off. The tribunal upheld the Pr. CIT's directions to the assessing officer to verify the set off of losses, dismissing this ground of appeal but partly allowing the overall appeal.

Issue 5: Application of Section 263 in respect of set off of business losses against short term capital gains:
The Pr. CIT invoked Section 263 concerning the allowability of set off of business losses against short term capital gains. The tribunal found that the assessing officer had not adequately examined this issue. The tribunal upheld the Pr. CIT's directions for further verification by the assessing officer.

In conclusion, the tribunal partially allowed the appeal, upholding certain directions of the Pr. CIT while dismissing others. The appellant's contentions regarding the cost of stores in the profit and loss account were accepted, while further verification was deemed necessary for the set off of business losses against short term capital gains.

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