THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S HIRAVATI MARINE PRODUCTS (P) LTD.
What did the High Court hold?
The High Court held that there was no good reason to entertain the appeal, given the findings of fact recorded by the Tribunal. Regarding the first issue, the Tribunal noted a concurrent finding by both appellate authorities that an amount of Rs. 7,74,084 was an undisputed advance given in the ordinary course of business for procurement of raw material and labour. The Tribunal relied on the Supreme Court decision in TRF Ltd. Vs. CIT, holding that it is not necessary for the assessee to establish that the debt has become irrevocable. It also cited CIT Vs. Mysore Sugar Company Ltd., where advances to sugarcane growers for purchase of sugarcane, which were written off and claimed as trading loss, were allowed. Therefore, the Tribunal found no infirmity in the CIT(A)'s decision to delete the addition of Rs. 7,74,084. For the second issue, the Tribunal noted that the assessee consistently followed Accounting Standard-2 for valuation of closing stock at cost or net realizable value, whichever is lower, as referred to in Section 211(3E) of the Companies Act, 1956. Detailed working of stock obsolescence was submitted before the Assessing Officer and CIT(A). The company valued the stock at net realizable value based on evidence available on the date of signing accounts. The High Court found no error in the Tribunal's decision on both counts.
What were the facts?
The Revenue has filed this Tax Appeal against an order of the Income Tax Appellate Tribunal (ITAT), Rajkot Bench, for Assessment Year 2006-07. The appeal challenges the ITAT's decision to confirm the deletion of disallowances made by the Assessing Officer. The disallowances pertain to Rs. 7,74,084 out of Rs. 17,75,489 on account of advances written off, and Rs. 3,88,28,010 on account of loss of stock by obsolescence. The assessee is M/s Hiravati Marine Products (P) Ltd. The High Court heard the learned Senior Standing Counsel for the Revenue.
What were the issues?
1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in confirming the decision of the CIT(A) deleting the disallowance of Rs. 7,74,084 out of a total disallowance of Rs. 17,75,489 made on account of advances written off? (Question of law) 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the decision of the CIT(A) deleting the disallowance of Rs. 3,88,28,010 on account of claimed loss of stock by obsolescence, without appreciating that no quantitative details in respect of obsolescent stock were available with the assessee? (Question of mixed law and fact) Revenue's Contentions: For issue [A], the Revenue is aggrieved by the deletion of the disallowance on advances written off. For issue [B], the Revenue contends that the Tribunal erred in confirming the deletion of the disallowance for stock obsolescence, arguing that the assessee failed to provide quantitative details of the obsolescent stock. Assessee's Contentions: No specific contentions for the assessee are recorded in the judgment, beyond what is reflected in the ITAT's findings.
Which sections of the Income-tax Act were involved?
Section 260,Section 211(3E)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)
This Tax Appeal under Section 260 of the Income Tax Act, 1961 (for short, 'the Act, 1961') is at the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Rajkot Bench, Rajkot dated 23.9.2019 in ITA No. 946/RJT/2010 for the A.Y. 200607. 2. The revenue has proposed the following two questions of law for consideration of this Court. “[A] Whether on facts and in the circumstances of the case, the Appellate Tribunal was right in confirming the decision of CIT(A) deleting the disallowance of Rs.7,74,084/ out of total disallowance of Rs.17,75,489/ made on account of advances written off? C/TAXAP/242/2020 ORDER [B] Whether on the facts and in the circumstances of case, the Tribunal was right in law in confirming the decision of CIT(A) deleting the disallowance of Rs.3,88,28,010/ on account of claim loss of stock by obsolescence without appreciating that no quantitative details in respect of obsolescent stock was available with the assessee?”
We have heard Mrs. Mauna Bhatt, the learned Senior Standing Counsel appearing for the revenue.
With respect to the first question, as proposed by the revenue, the finding of fact recorded by the Tribunal reads as under : “para6: We have heard the rival contentions and perused the material on record. During the course of appellate proceedings before us, the ld. Counsel has submitted details of information and copies of documents before the assessing officer and CIT(A) at the time of hearing of this case. After considering the decision of Hon'ble Supreme Court in the case of TRF the Hon'ble Supreme Court on identical issue and facts, we do not find any infirmity in the decision of ld. CIT(A) in deleting the addition of Rs.20,67,787/ pertaining to trade bad debt. Regarding addition of Rs.17,75,489/ on account of advances written off, it is noticed that it is undisputed fact that an amount of advance of Rs.7,74,084/ were given in the ordinary course of business to various fishermen, fisheries for procurement of raw material and labour work. After considering the decision of Hon'ble Supreme Court in the case of CIT Mysore Sugar Company Ltd 46 ITR C/TAXAP/242/2020 ORDER 649(SC) wherein it is held that in case the company had advanced money to sugarcane grower for purchase of sugarcane and when they were unable to purchase sugarcane, the amount was written off and claimed as trading loss and the same was allowed. Therefore, after considering the aforesaid decision of Hon'ble Supreme Court on identical issue and facts, we do not find any error in the decision of ld. CIT(A) in allowing the claim of advances written off to the amount of Rs.7,74,084/ which were given in the ordinary course of business by the assessee. Accordingly, we do not find any merit in the appeal of the revenue and cross of the assessee, therefore, the cross objection of the assessee and appeal of the revenue both are dismissed.” Thus, there is a concurrent finding recorded by two Appellate Authorities that so far as the addition of Rs.17,75,489/ on account of advances written off is concerned, indisputably an amount of advance of Rs.7,74,084/ was given in the ordinary course of business to persons like fishermen etc. for the procurement of raw material and labour work.
So far as the second question, as proposed by the revenue, the finding of fact recorded by the Tribunal reads as under : “para10:We have heard rival contentions and perused the material on record. The assessing officer has disallowed the claim of loss on account of absolescene of stock of fish to the amount of Rs.3,88,28,010/ stating that valuation shown by the assessee on the basis of stock or net realizing value cannot be accepted on the basis of evidence available on local sale account. It is brought to our notice that assessee has been consistently followed accounting Standard2 for valuation of closing of stock at cost or net realizable value whichever is lower in accordance with the accounting standard referred in section 211(3E) of the Company Act, 1956. The detail of absolescene of stock along with detailed working were submitted before the C/TAXAP/242/2020 ORDER assessing officer and CIT(A) at the time of hearing. The company has valued the stock at net realizable value on the basis of evidence available on the date of signing of the accounts and the actual price was taken for computing the net realizable sale value......”
In view of the aforesaid findings of fact recorded by the Tribunal, we see no good reason to entertain this appeal.
In the result, this appeal fails and is hereby dismissed. (J. B. PARDIWALA, J) (ILESH J. VORA,J) P.S. JOSHI
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