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Commissioner Of Income Tax Del vs Indian Sugar & Gen. Industry Export ... on 30 January, 2012
Shri Kushal Kumar Lunawat, Jaipur vs Assistant Commissioner Of Income Tax, ... on 30 January, 2019
(3) CIT Vs. Indian Sugar and General Industry Export Import (2012) 349
ITR38 (Del): Valuation of closing stock to be made at cost or market price
whichever is lower;
Mesers Metex Engineers, Bhilai vs Income Tax Officer, Ward-1(2), Bhilai on 14 June, 2023
12.4 The ld. AR also relied upon the case laws in the case of Pr. CIT vs.
New World Synthetics Ltd (2018) 102 CCH 245(DEL HC), wherein the
decision was made on the same preposition as observed in the decision of
CIT vs. Gen Exports (supra).
Jyoti Goyal, New Delhi vs Assessee
4. CIT v. Indian Sugar & Gen. Industries Export & Import
Corporation Ltd. 170 Taxman 229.
Rasiklal & Sons, Mumbai vs Assessee
6. CIT v. Indian Sugar & General Industry Export Import Corporation
Ltd. [2008] 8 DTR (Del) 112.
Shree Durga Marbles, Kishangarh vs Assessee on 16 August, 2016
The second paragraph from the judgment in the
Indian Eastern Newspaper Society's case earlier extracted
has also reference only to this situation and insists upon
the necessity of some information which make the ITO
realise that he has committed an error in the earlier
assessment. This paragraph does not in any way affect the
principle enumerated in the two Madras cases cited with
approval in Anandji Haridas [1986] 21 S.T.C. 326. Even
making allowances for this limitation placed on the
observations in Kalyanji Mavji, the position as summarised
by the High Court in the following words represents, in our
view, the correct position in law:
Xxavient Software Solutions (I) Pvr. ... vs Dcit, Noida on 18 April, 2018
• National Constructions Co. vs. JCIT, 234 Taxman 0332, High Court of Gujarat
Reassessment--Change of opinion--Notice based on audit objection--AO issuing
notice under s. 148 on the basis of audit objection mechanically without any
application of mind, such a notice was invalid suffering from change of opinion and
no substantial question of law arises.--CIT vs. Indian Sussar & General Industry
Export Import Corpn. Lid. 8 DTK 112(DeI)
Brij Bihari Agrawal, Jaipur vs The Assistant Commissioner Of Income ... on 29 August, 2024
CIT Vs. Indian Sugar & General Industry Export Import Corpn. Ltd.
[2008] 170 Taxman 229 (Delhi High Court)held that reopening based
on objection raised by audit party without independent examination of
materials would not be justified under law so that in such a case it shall
amount to mere change of opinion.
Dcit 1(1)(1), Mumbai vs Concorde Motors (India) Ltd, Mumbai on 1 October, 2019
10. Further, the Hon'ble Delhi High Court in CIT vs. Indian Sugar & Gen.
Industry Export Import (supra) while considering the question of law
whether the finding of Income-Tax Appellate Tribunal was right in
accepting the NRV as declared by respondent/assessee and was right in
not adopting the cost price for computation of closing stock held that the
assessee could have adopted the NRV method for valuation of closing
stock and whether it is mandatory to value the cost on cost basis, it was
7
ITA No.2333/Mum/2017- M/s. Concorde Motors (India) Ltd.
held that Hon'ble Apex Court in various decisions and observation that
closing stock can be valued on cost price or market price, if the market
price is less than the cost. However, the said principle does not apply, if
the market value of the closing stock is more than the cost, as profit
cannot be brought to tax on notional basis.
Sri. Chamundeshwari Sugar Ltd.,, vs Department Of Income Tax on 18 March, 2016
Further according to him, similar view was also taken by
Hon'ble Delhi High Court in the case of CIT v. Indian Sugar General and
Gen. Industry Export Import [349 ITR 38]. As per the Ld. AR this method
was consistently followed by the assessee in subsequent years and accepted
by the Department. As per the Ld. AR, earlier to A. Y. 1989-90, assessee
was following 30th September as its accounting year end, but by virtue of
amendments made by Finance Act, 1989, assessee was compelled to follow
financial year ending on 31st March as its previous year. Along with this
ITA.1538/Bang/2013 Page - 8
change assessee decided to change its method of valuation of stock also
from net realisable value to cost or market value, whichever was lower.