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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: Shri Kul Bharat, Hon’ble & Shri Manish Borad, Hon’ble
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE Before Shri Kul Bharat, Hon’ble Judicial Member and Shri Manish Borad, Hon’ble Accountant Member
ITA No. 480/Ind/2013 & 660/Ind/2013 A.Ys. 2008-09 & 2009-10
DCIT 1(1) Indore ::: Appellant Vs M/s Mittal Corporation Limited Mumbai ::: Respondent Appellant by Shri K.G. Goyal Respondent by Shri Ajay Tulsiyan Date of hearing 7.6.2018 Date of pronouncement 27.6.2018
O R D E R PER SHRI MANISH BORAD, AM
These appeals of the revenue relating to the
assessment years 2008-09 & 2009-10 are directed against
different orders dated 18.9.2013 of the Commissioner of
Income Tax (Appeals)-7, Mumbai, having concurrent
jurisdiction over CIT(A)-I, Indore, which are arising out of
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 the orders u/s 143(3) r.w.s. 254 of the Act dated
30.12.2010 and 28.12.2011 framed by Additional CIT,
Range-I, Indore.
In ITA No. 480/Ind/2013 the revenue has taken the
following grounds :-
“(i)On the facts and in the circumstances of the case, the
ld. CIT(A) erred in directing to delete the addition of
Rs.29,81,971/- of excise duty in the valuation of closing
stock mainly on the ground that the assessee had
followed exclusive method without appreciating the
facts that as per the provisions of section 145A of the IT
Act aforesaid element of excise duty was to considered
in the valuation of closing stock.
(ii) While holding so, the ld. CIT(A) failed to appreciate
that on the identical issue in the A.Y. 2006-07 the aeal of
the assessee was dismissed.”
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 In ITA No. 660/Ind/2013 the revenue has taken the
following grounds :-
(i) On the facts and in the circumstances of the case,
the learned CIT(A) erred in deleting the addition of
Rs.5,85,584/- made by the A.O. on account of
valuation of closing stock because the department
is already in appeal before the Hon'ble ITAT on this
point in A.Y. 2008-09.
(ii) On the facts and in the circumstances of the case,
the learned CIT(A) erred in deleting the addition of
Rs.14,60,194/- made by the A.O. on account of
interest payment because the assessee had kept
huge portion of the interest bearing borrowed funds
idle.
(iii) On the facts and in the circumstances of the case,
the learned CIT(A) erred in deleting the addition of
Rs.14,60,194/- holding that the loans were
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 obtained as per commercial expediency because
the provisions of section 36(1)(iii) envisages that the
borrowed funds should wholly and exclusively be
utilised for business purpose.
(iv) It is, therefore, prayed that the order of the CIT(A)
may be set aside and the order of the A.O. may
please be restored.”
From the perusal of the above grounds we find
that the first common issue relates to deletion of addition
made on account of valuation of closing stock of
Rs.29,81,971/- for the assessment years 2008-09 and
2009-10. The second issue for the assessment year 2009-
10 relates to deletion of disallowance of interest
expenditure made by the Assessing Officer.
Apropos first common issue we shall take up the
facts from the assessment year 2008-09. Briefly state, the
facts are that the assessee is a limited company engaged in
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 the manufacturing of MS/SS steel. The income of
Rs.2,37,54,910/- declared in the return of income filed on
27.2.2009. Case selected for scrutiny. Necessary notices
u/s 143(2) and 142(1) of the Act were served. After
examining the record, the Assessing Officer completed the
assessment assessing the income at Rs. 26,80,088/- after
making addition towards undervaluation of closing stock of
Rs. 29,81,971/- and disallowance u/s 40A(IA) of
Rs.64,000/-.
The assessee preferred appeals before the learned
Commissioner of Income Tax (Appeals) and succeeded on
both the grounds. Now the revenue is in appeal against
deletion of addition towards under-valuation of closing
stock.
The learned DR supported the findings of the
Assessing Officer and the learned counsel for the assessee
relied upon the findings of the learned Commissioner of
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 Income Tax (Appeals) and also relied upon the judgment of
the Hon'ble Supreme Court in the case of CIT vs. Indo
Nippon Chemicals Limited; 261 ITR 275.
We have heard both the parties and perused the
material available on record. The issue before us relates to
addition towards undervaluation of closing stock. The
learned Assessing Officer observing that the assessee has
not included the excise duty while valuing the stock of
scrap, applied provisions of section 145A of the Act and
calculated the undervaluation of closing stock at
Rs.29,81,971/-. Before the Assessing Officer the assessee
contended that it has duly followed the accounting
standard (AS-2) issued by the ICAI which refers to
valuation of inventories and it has been provided that the
cost of purchase of inventories shall be reduced by any
rebates, draw-backs and other similar items and the
assessee has been valuing its inventory adopting exclusive
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 method thereby not including excise duty element in
purchases as well as closing stock.
We further observe that the learned
Commissioner of Income Tax (Appeals) following the
judgment of the Hon'ble Supreme Court in the case of
Nippon Chemicals Limited (supra) deleted the addition
observing as follows :-
“4.5 I find that the Assessing Officer has only stated
that the appellant’s contentions are not acceptable in
view of the provisions of section 145A. The A.O. opined
that as per specific provisions of section 145A of the Act,
the appellant should have included excise duty element
for the purposes of valuation of its closing stock which
has not been done. Therefore, the appellant has
undervalued its stock to this extent. But I find that the
appellant has applied and followed ‘exclusive’ method of
accounting duly recognized by the Institute of Chartered
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 Accountant where the excise duty paid on the purchase
of raw material is not charged to the profit and loss
account and is kept in a separate account which is
grouped under the head of current assets and was
ultimately adjusted against the liability of excise duty
collected and payable on sales. Any such amount of
expenses which is not claimed by the appellant while
computing the profit of business cannot be added to the
closing stock by relying on the bare reading of section
145A. It is also accepted rule that whether the assessee
follows ‘exclusive’ method or ‘inclusive method’, the
same shall be tax neutral. If the A.O. wanted to apply
the provisions of section 145A, the same should have
been applied to all the items of trading account such as
opening stock, purchases, sales and closing stock,
without doing so the correct profits for any year cannot
be ascertained by simply increasing the valuation of the
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 closing stock. It is also settled that the profitability of any
year will remain the same whether ‘inclusive method’ or
‘exclusive method’ is followed. Addition of excise duty
only to the valuation of closing stock would always give
a distorted figure. In this respect, I keep reliance on
following judicial pronouncements :
CIT v. Indo Nippon Chemicals Ltd. (2003) 261 ITR 275 (SC) 2. CIT vs. Shri Ram Honda Power Equipment Limited 2012 – TIOl -88- S.C. 3. CIT vs. Dynavision Ltd. (2012) 348 ITR 380 (S.C.) 4. Chainrup Sampatram vs. CIT (1953) 24 ITR 481 (S.C.) 5.M/s Rajratan Globe Wire Ltd. vs. ACIT;ITA No.768/Ind/2006 6.ACIT vs. M/s Tesla Transformers 2010 15 ITJ 877 (Tribunal) Indore 7. ACIT vs. D&H Secheron Electrodes (P) Ltd. 173 Taman 188
4.6 In the aforestated facts of the appellant’s case, I
have considered the A.O.’s order as well as the
appellant’s submission. Having considered both, I find
sufficient force in the submissions made by the
appellant’s AR. It is also a fact on record that the
appellant has been following the exclusive method
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 consistently for the past many years and there is no
deviation from the same. The said method is also in
consonance with the guidance note prescribed by the
ICAI and the generally accepted accounting principles.
Whatever method may it be ‘exclusive’ or ‘inclusive’ is
followed by the appellant, the same is tax neutral.
Moreover the Assessing Officer cannot give the treatment
of adding excise duty to the closing stock only in isolation
and the same treatment has to be given to other items
also of the Trading account. If such an isolated treatment
is given to the closing stock alone that would not only
distort the correct profit position but would also be
against the principles of accountancy. In this perspective
of the appellant’s case I am not in agreement with my
Predecessors decisions in A.Y. 2006-07 wherein he
confirmed the similar addition which is disputed by the
appellant before Hon'ble ITAT, Indore. Thus, taking note
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 of the decision of APEX Court in the case of M/s (2003)
261 ITR 275 (S.C.) in the case of CIT vs. Indo Nippon
Chemicals Limited wherein the Hon'ble Apex Court and
decision of Mumbai ITAT in the case of Hawkins Cookers
Ltd. vs. ITO (2008) reported in 14 DTR 206 (Mumbai A
Bench) And also after taking note of all the decisions as
detailed in para 4.5, I am of the considered view that the
A.O. was not justified in his action while making the
aforesaid addition. Accordingly, the addition so made by
the A.O. is deleted.”
From the perusal of the findings of the learned
Commissioner of Income Tax (Appeals) and also carefully
going through the judgment of the Hon'ble Supreme Court
in the case of Nippon Chemicals Limited (supra), we find
that in the given facts it is well settled that if the assessee
follows exclusive method of accounting i.e. when the
assessee accounts for the excise duty and taxes
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 paid/charges under the head “current asset” and records
purchases on net of taxes then as per the accounting
method the assessee is not required to add the excise duty
and other taxes while valuing the closing stock else the
figures of trading/manufacturing account will stand
distorted. In the instant case, the assessee follows
exclusive method of accounting for many years and,
therefore, the action taken by the Assessing Officer was not
justified and the learned Commissioner of Income Tax
(Appeals) has rightly deleted the impugned addition. We,
therefore, respectfully following the judgment of the Hon'ble
Apex Court in the case of CIT v. Indo Nippon Chemicals
Ltd. (supra) find no reason to interfere with the conclusion
derived by the learned Commissioner of Income Tax
(Appeals). This common issue raised by the revenue for
assessment years 2008-09 and 2009-10 in ground no. 1 is
dismissed.
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 10. Now we are left with ground no. 2 for the
assessment year 2009-10 through which the revenue is
aggrieved with the finding of the learned Commissioner of
Income Tax (Appeals) deleting the addition of
Rs.14,60,194/- on account of interest payment because
the assessee had kept huge portion of interest bearing
borrowed funds idle. Brief facts relating to this issue are
that the Assessing Officer observing that the assessee on
the one hand has claimed interest of Rs.401.31 lacs paid
on the working capital loan from bank and on the other it
kept huge cash in hand which was kept idle throughout
the year. The Assessing Officer brushed aside the
submission of the assessee that huge cash fund was
required to control the business operated from multiple
branches and sites and, therefore, concluded the
assessment by making disallowance of interest expenditure
of 14,60,194/-. The assessee succeeded in appeal before
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 the learned Commissioner of Income Tax (Appeals). Now
the revenue is in appeal before the Tribunal.
The learned DR vehemently supported the order of
the Assessing Officer whereas the learned counsel for the
assessee referred to and relied upon the submissions made
before the learned Commissioner of Income Tax (Appeals)
and findings of the learned Commissioner of Income Tax
(Appeals).
We have heard both the parties and perused the
material available on record. The issue before us is whether
the learned Commissioner of Income Tax (Appeals) was
justified in deleting the disallowance of interest of
Rs.14,60,194/-. The Assessing Officer made the impugned
disallowance observing that the assessee is paying heavy
interest expenditure of Rs. 401.30 lacs but failed to utilise
the funds expeditiously as it possessed huge cash in hand
throughout the year. We find that the learned 14
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 Commissioner of Income Tax (Appeals) appreciated the
contention of the assessee that the business of the
assessee is scattered over multiple branches and sites and
each site operated independently requiring cash balance.
At the year end the separate accounts of the units are
merged which shows high cash balance. The cash has been
maintained as per business requirements and it is not in
the domain of the Assessing Officer to suggest the method
and manner in which the assessee should conduct its
business and unless and until any wrong doing is noticed,
the department cannot step in the shoes of the
businessman because it is only the businessman who
knows how to run his business properly. The learned
Commissioner of Income Tax (Appeals) after appreciating
the contentions of the assessee deleted the addition of
Rs.14,60,194/- finding no merit in the contention putforth
by the Assessing Officer in invoking provisions of section
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013 36(1)(iii) of the Act. Even before us the learned DR failed to
controvert the findings of the learned Commissioner of
Income Tax (Appeals). We find that the Assessing Officer
has given no plausible reason nor has he pointed out any
fact to show that the alleged idle funds were utilised
otherwise than for business purposes and merely for
maintaining cash in hand to conduct the business
expeditiously, such disallowance was not justified. We,
therefore, uphold the findings of the learned Commissioner
of Income Tax (Appeals) and dismiss revenue’s ground no.
2 raised for the assessment year 2009-10.
In the result, both the appeals of the revenue stand
dismissed.
Pronounced in open Court on 27June, 2018. Sd/- sd/- (KUL BHARAT) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER
27 June, 2018 16
DCIT vs. M/s Mittal Corporation ITA Nos.480 660/Ind/2013
Dn/- Copy to – Appellant/Respodent/Pr.CIT/CIT(A)/DR/Guard File By order Private Secretary