THE COMMISSIONER OF INCOME TAX vs. M/S INDIAN TELEPHONE INDUSTRIES

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ITA/652/2007HC KarnatakaKAHC01047998200727 November 2013Bench: N.KUMAR,RATHNAKALA3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court upheld the ITAT's decision, stating that excise duty should not be included in the valuation of closing stock as per Section 145A of the Income Tax Act. The relief granted to the assessee was deemed lawful.

What were the facts?

The Revenue appealed against an ITAT order that excluded excise duty paid from the closing stock valuation. This decision was based on a previous High Court ruling concerning the same assessee and an identical issue.

What were the issues?

Whether excise duty paid should be included in the valuation of closing stock under Section 145A of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 145A

AI-generated summary — verify with the full judgment below

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 27TH DAY OF NOVEMBER 2013 P R E S E N T THE HON’BLE MR. JUSTICE N. KUMAR A N D THE HON’BLE MRS. JUSTICE RATHNAKALA INCOME TAX APPEAL NO.652 OF 2007

BETWEEN:

1.

THE COMMISSIONER OF INCOME-TAX C.R. BUILDING, QUEENS ROAD, BANGALORE.

2.

THE JOINT COMMISSIONER OF INCOME TAX(ASSTS), SPECIAL RANGE – II, C.R. BUILDING, QUEENS ROAD, BANGALORE.

... APPELLANTS

(BY SRI K V ARAVIND, ADV.)

AND:

M/S. INDIAN TELEPHONE INDUSTRIES, NO.45/1, MAGRATH ROAD, BANGALORE.

...RESPONDENT

(BY SRI S PARTHASARATHI, ADV.)

THIS ITA IS FILED UNDER SEC.260-A OF I.T. ACT, 1961, ARISING OUT OF ORDER DATED 29-03- 2007 PASSED IN ITA NO.2573/BNG/2004, FOR THE

- 2 - ASSESSMENT YEAR 1998-99, PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO:

I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN,

II. ALLOW THE APPEAL AND SET ASIDE THE ORDER PASSED BY THE ITAT BANGALORE IN ITA NO.2573/BNG/2004, DATED 29-03-2007 CONFIRM THE ORDERS OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE JOINT COMMISSIONER OF INCOME TAX(ASSETS), SPECIAL RANGE-II, BANGALORE IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL IS COMING ON FOR HEARING THIS DAY, N. KUMAR, J., DELIVERED THE FOLLOWING: -

JUDGMENT

This appeal is preferred by the revenue challenging the order passed by the Tribunal holding that excise duty paid during the year should not have been included as a part of the closing stock and therefore, granting relief to the assessee by deleting the quantum of excise duty paid is bad in law.

2.

In fact, for the earlier year, in an identical case of Commissioner of Income Tax, Bangalore Vs. Indian Telephone Industries, reported in (2011) 202 TAXMAN 307 (KAR) / (2011) 14 taxmann.com 21 (KAR.), this Court has held that the same cannot be

- 3 - added in the valuation of closing stock as per Section 145A of the Income Tax Act, 1961. Therefore, relief was granted. In that view of the matter, the order passed by the Tribunal is in accordance with law and does not call for any interference. Accordingly, the appeal is dismissed. The substantial question of law is answered in favour of the assessee and against the revenue.

Sd/- JUDGE

Sd/- JUDGE

nvj

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