Income Tax

Value of goods lying at port can be at cost or market price. SC dismisses SLP of Revenue

Value of goods lying at port but not exported can be at cost or market price at the option and regular practice of the assessee. SC dismisses SLP of the Revenue

ABCAUS Case Law Citation:
ABCAUS 3047 (2019) (07) SC

The Revenue had challenged the order of the Tribunal against the respondent assessee. The High Court framed the following questions of law:

1. Whether the order of the Income Tax Appellate Tribunal (Tribunal) affirming the order of the Commissioner of Income Tax (Appeals) deleting the disallowance made by the Assessing Officer under Section 80-IA of the Income Tax Act is perverse as it is non reasoned?

2. Whether the Tribunal was right in holding that the assessee is entitled to set off interest paid on borrowed funds from interest income earned held to be taxable under the head “income from other sources” under Section 57(iii) of the Income Tax Act, 1961?

However, the Hon’ble High Court declined to frame substantial question of law on the third issue raised by the Revenue on method of accounting adopted by the assessee with regard to the goods which were lying at the port which had not been exported.

The Hon’ble High Court observed that as per the finding of the Tribunal title in the goods ready for shipment had not transferred to the foreign buyers.

Accordingly, the Hon’ble High Court opined that the goods lying at the port ready for shipment was stock in hand that could be valued at cost or market price, at the option and as per regular practice of the assessee.

According to the Hon’ble High Court the mere fact that for sales tax purposes the value of the goods lying at the port was taken at the invoice value would not make any difference. Sales tax computation and declaration would be made in accordance of the provision of the Sales Tax Act.

Aggrieved by the order of the Hon’ble High Court, the Department filed a Special Leave Petition (SLP) before the Hon’ble Supreme Court.

The Division Bench headed by the Hon’ble the Chief Justice, after hearing the counsel for the petitioner and on perusing the relevant material dismissed the SLP as without any merit.    

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICSI

Empanelment of General Observers for ICSI Examinations December 2026. Last date 16.11.2026

Empanelment of General Observers for ICSI Examinations December 2026 ICSI has invited interested members to enroll as General Observers for…

9 hours ago
  • Income Tax

ITAT address some important issues relating to deduction u/s 80IA

ITAT answers some important and inter-related issues relating to deduction u/s 80IA In a recent judgment, ITAT has dealt with…

12 hours ago
  • Income Tax

Mere carry forward of loss can not be denied for belated return – ITAT

Carry forward of loss can not be denied for belated return, it is only the set off in subsequent year…

1 week ago
  • Income Tax

Sales duly recorded in books & VAT returns, can’t be held bogus without cogent adverse material

Where sales are duly recorded in books and VAT returns, to treat it bogus sales, AO must bringing cogent adverse…

2 weeks ago
  • Income Tax

ITAT allows Diwali expenses incurred by assessee as business expenses

Expenses to celebrate Diwali with staff creates a goodwill and, therefore amounts to expenses incurred for the purpose of business…

2 weeks ago
  • Income Tax

Section 292BB does not bar assessee to raise objection for non issuance of notice u/s 143(2) – SC

Section 292BB of the Income Tax Act, 1961 does not preclude Assessee raising objection for non issuance of notice u/s…

2 weeks ago