Income Tax

Addition made in the present year to WIP to be considered as opening stock next year – ITAT

Addition made in the present year to work-in-progress to be considered as opening stock next year-ITAT directs AO

ABCAUS Case Law Citation:
ABCAUS 3018 (2019) (06) ITAT

The assessee was a private limited company engaged in civil construction. The Return of income of the company was processed u/s 143(1) of the Income Tax Act, 1961 (the Act). Subsequently the case was selected for scrutiny under CASS and notices u/s 143(2) and 142(1) were issued.

The Assessing Officer (AO) while examining the work-in-progress, called the assessee to explain the basis of evaluation of work-in-progress (WIP) and the assessee submitted that the valuation of WIp in the form of boulders, sand and morumum dumped was only on estimation.

However, the AO based on the value of boulders, transport crushed, labour and other incidental costs, inter alia made an addition of Rs. 50 lakhs to the value of work-in-progress declared at Rs. 1.50 crores by the assessee.

Aggrieved by the order, the assessee has filed an appeal with the CIT(A). The CIT(A) has confirmed the addition of Rs.50 lakhs in respect of work-in progress.

Aggrieved by the order, the assessee approached the Tribunal.

The assessee submitted that the CIT(A) had erred in confirming the addition of valuation of work-in-progress of Rs. 50 lakhs.

The assessee further emphasized that Rs.50 lakhs addition made in said financial year shall be considered in the opening balance of the next year.

The Tribunal found reasonability in the contention that the AO had made addition of Rs. 50 lakhs to the work-in-progress on the estimated basis and the same had to be considered as opening balance in the subsequent assessment year.

The Tribunal concurred that the addition in the present year due to difference in valuation of stock for work-in-progress to be considered as opining stock next year.

Accordingly, the Tribunal allowed this ground and directed the AO to treat the opening stock in the next financial year.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Empanelment

FDCM invites application for empanelment of practising CAs/ Chartered Accountant Firms

Invitation For Empanelment Of Practising Chartered Accountants / Chartered Accountant Firms Forest Development Corporation of Maharashtra Limited (FDCM Limited), Nagpur,…

3 days ago
  • Empanelment

PGRI invites application for CAs for empanelment for Circulation Verification work

Press Registrar General of India (PGRI) invites application for empanelment of Chartered Accountants. The Press Registrar General of India manages…

3 days ago
  • Income Tax

CBDT notifies revised Form for registration as valuer & authorised income tax practitioner

CBDT notifies revised Form No. 169 for making application for registration as a valuer under section 514 and authorised income…

3 days ago
  • Income Tax

Curtailing time to file reply to notice u/s 148A(b) from 30 days prejudiced assessee’s right – HC

Curtailing time to file reply to notice u/s 148A(b) from statutorily available 30 days to 15 days seriously prejudiced assessee’s…

4 days ago
  • Income Tax

For registration u/s 12AB, applicability of proviso to section 2(15) can’t be adjudicated

At the stage of registration u/s 12AB, the CIT(E) not empowered to adjudicate applicability of provisio to section 2(15) of…

5 days ago
  • Income Tax

Flower bed area not included in “built up area” to calculate eligible limit u/s 80IB(10)

Flower bed area could not be included in the definition of “built up area” to calculate eligible limit of 1000…

6 days ago