Income Tax Appellate Tribunal - Kolkata
Riga Sugar Co. Ltd., Kolkata vs Department Of Income Tax on 12 January, 2012
आयकर अपीलीय अधीकरण, Ûयायपीठ - " C ", कोलकाता,
IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH- C , CALCUTTA
(सम¢)Before एस. भी.मेहरोऽा, लेखा सदःय,, एवं/and
Shri S.V. Mehrotra, Accountant Member.
ौी एन ǒवजय कुमारन,
मारन Ûयायीक सदःय
Shri N.Vijaykumaran, Judicial Member.
आयकर अपील संÉया / ITA No. 153/ Kol/2010
िनधॉरण वषॅ/Assessment Year: 2005-06
Deputy Commissioner of -वनाम- M/s. Riga Sugar Co. Ltd.
Income-tax, Circle-10,Kolkata PAN AABCR 35545J
-
(अपीलाथȸ/APPELLANT ) Versus-. (ू×यथȸ/RESPONDENT)
अपीलाथȸ कȧ ओर से/ None/Adj. Petition Rejected
For the Appellant:
ू×यथȸ कȧ ओर से/ ौी/Shri Manoj Kataruka, ld. AR
For the Respondent:
सुनवाई कȧ तारȣख/Date of Hearing : 12-01-2012
घोषणा कȧ तारȣख/Date of Pronouncement: 12-01-2012
आदे श/ORDER
ौी एन ǒवजय कुमारन, , Ûयायीक सदःय,, Shri N. Vijaya Kumaran, Judicial Member This appeal by the department is for the assessment year 2005-06. This is directed against the order of the learned Commissioner of Income-tax (Appeals)-XII, Kolkata dated 27- 10-2009.
2. Ground of appeal taken by the department reads as under:-
1. That on the facts and in the circumstances of the case Ld. CIT(A) has erred in deleting the addition of Rs.3,03,01,989/- made by the A.O on account of excise duty pertaining to finished goods, in accordance with the provision of section -145A.
3. The Assessing Officer made the addition on account of excise duty to valuation of closing stock. On appeal, learned Commissioner of Income-tax (Appeals) following the Tribunal order of Kolkata Bench in assessee's own case for the assessment year 2002-03 in ITA No.2252/Kol/2055 and C.O No.220/Kol/2005, wherein the Tribunal held as :- [ Page 68 of APB] "6. At the time of hearing before us, it was pointed out by the ld. Counsel that this issue is covered in favour of the assessee by the decision of ITAT in assessee's own case for assessment year 2002-03 vide ITA No.2252/Kol/2005 and CO No.220/Kol/2055. Copy of the order is filed before the Tribunal where the ITAT has held as under:-
"Now coming to the cross objection of the assessee, it is hereby found that undisputedly the assessee is following consistently the method of paying excise duty on the products only at the time of sale and including the same in the cost of the product. Therefore, the addition of excise duty to the closing stock valued by the assessee does not at all arise. More so, in the light of the Hon'ble Apex Court's decision in the case of Berger Paints reported in 266 ITR 99 though the assessee has paid excise duty during the period and part of it relating to the closing stock is not includible in the closing stock. Hence, the finding of the A.O that the excise duty relatable to the closing stock is to be included in the closing stock value arrived at by the assessee is not at all tenable under law and hence the same is hereby directed to be deleted."
4. Copies of the Tribunal order dated 09-06-2006 and 22-09-2006 are placed on record.
5. After hearing the rival submissions, we are of the view that the departmental ground has no merits as the learned Commissioner of Income-tax(Appeals) has already followed the decision of the Tribunal in assessee's case (supra). Hence, we see no justification to be interfered with the order of the learned Commissioner of Income-tax (Appeals).
6. In the result, the appeal of the Revenue is dismissed.
यह आदे श खुले Ûयायालय मɅ सुनाया गया है THIS ORDER IS PRONOUNCED IN OPEN COURT ON Dt. 12-01-2012 Sd/- Sd/-
(एस. भी.मेहरोऽा, लेखा सदःय) (एन ǒवजय कुमारन, Ûयायीक सदःय) ( S.V. Mehrotra, Accountant Member) ( N.Vijaykumaran, Judicial Member ) (तारȣख) तारȣख)Date: 12-1-2012 ITA No.153/Kol/2010-C-NVK 2 *Pradip* वǐरƵ िनǔज सिचव आदे श कȧ ूितिलǒप अमेǒषतः/ Copy of the order forwarded to:
1.. अपीलाथȸ / The Appellant : DCIT,Cir-10, KOl, P-7, Chowringhee Sq, 3rd fl., Kol-69.
2 ू×यथȸ / The Respondent- M/s. Riga Sugar Co.Ltd 14 N.S Road, Kolkata-700 001.
3. आयकर किमशनर/The CIT, 4. आयकर किमशनर (अपील)/The CIT(A),
5. वभािगय ूितनीधी / DR, Kolkata Bench
6. Guard file.
स×याǒपत ूित/True Copy, आदे शानुसार/ By order, सहायक पंजीकार/Asstt Registrar ITA No.153/Kol/2010-C-NVK 3