ACIT, Central Circle - 1(1), Kolkata vs. M/S. Citation Infowares Limited, Kolkata
In the result, the appeal of the revenue is dismissed
ITA 1987/KOL/2017[2011-12]Status: DisposedITAT Kolkata27 Jun 2018AY 2011-12
Bench: Sri J. Sudhakar Reddy] I.T.A. No. 1987/Kol/2017 Assessment Year: 2011-12 Acit, Central Circle-1(1), Kolkata…..………………………..……..………………………………Appellant Aaykarbhawanpoorva 110, Shantipally 3Rd Floor Kolkata – 700 107 M/S. Citation Infowares Ltd………………………………………………………………….………Respondent 21A, Shakespeare Sarani 3Rd Floor Kolkata – 700 017 [Pan : Aabcc 6044 J] Appearances By: Shrisubashagarwal, Advocate, Appeared On Behalf Of The Assessee. Shrisailensamaddar, Addl. Cit, Sr. Dr, Appearing On Behalf Of The Revenue Date Of Concluding The Hearing :May 24Th,2018 Date Of Pronouncing The Order :June 27Th,2018 Order Per J. Sudhakarreddy :- This Is An Appeal Filed By The Assessee Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-1, (Hereinafter The ‘Ld. Cit(A)’), Dt. 25/06/2018, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2011-12. 2. The Assessee Is A Company & Is In The Business Of Running A Bpo Call Centre & Also Of Providing Software & It Enabled Services. It Had Closing Stock Of Work In Progress (Wip) Of Software Developed By It In House. The Expenditure Incurred By The Assessee Company Towards Development Of Software From Year Ending 31St March, 2006, Is Being Disclosed As, The Value Of Inventory Under The Category Work-In-Progress (Wip). During The Year, The Assessee Reduced The Value Of Inventory By Rs.43,25,000/-, Based On An Advise Taken From “Data Infosys” Which Is A Consultant. The Assessing Officer Rejected This Claim Of The Assessee As Not Maintainable, For The Reason That, The Expert “Data Infosys” Has Not Given Any Comparable Cases While Giving Its Opinion, The Basis Which Prompted The Assessee
Section 250
…s. 43,25,000/ - on account of devaluation of WIP by relying on the 3 I.T.A. No. 1987/Kol/2017 Assessment Year: 2011-12 M/s. Citation Infowares Ltd ratio of the decision of the Hon'ble Supreme Court in the case of CIT vs. British Paints India Ltd. reported in 188 ITR 44(SC) which is in fact in favour of Revenue. 3) The Ld. CIT(A) has erred in law by failing to appreciate that in the case (supra) the Hon'ble Apex Court has held that the correct principle of accounting is to enter the stock in the books of account at cost unless the value is required to be reduced by reason of the fall of market value the goods bel…