COMMISSIONER OF INCOME-TAX VS ENGLISH ELECTRIC CO. OF INDIA LTD., 2002 PTD-MADRAS-HIGH-COURT-INDIA 2032 (1999)

Income-tax---

----Valuation of stock---Closing stock valued at cost.--Excise duty liability not to be included in valuation of closing stock--Indian Income Tax Act, 1961.

'The assessee, a manufacturer of electrical goods, followed the mercantile system of accounting and for the assessment year 1984-85 valued its closing stock at cost. The Income-tax Officer did not accept this valuation as it did not include the assessee's liability for payment of excise duty. The Tribunal held that the excise duty payable did not form part of the value of the closing stock. On a reference:

Held, that the liability for payment of excise duty was incurred when the process of manufacture was complete in relation to an excisable item. All payments and liability incurred towards duty were exhibited separately. The assessee's liability for payment of duty could not be regarded as part of the assets held by the assessee in the form of higher value assigned to the closing stock. A liability could not be converted into an asset in that manner. A liability was an item deductible for the purpose of arriving at the profits for the year and only when such deduction was given the amount could be added to the value of the closing stock.

S. Sundaresan for Petitioner

V. Ramachandran for Ms. Anita Sumanth for Respondent.

JUDGMENT

R. JAYASIMHA BABU, J.---The assessee is a manufacturer of electrical goods. Its accounts are maintained in mercantile system. For the assessment year 1984-85, it had valued its closing stock at cost. The valuation so made, according to the Assessing Officer, was incurred as it did not include the assessee's liability for payment of excise duty. That view of the Income-tax Officer was confirmed by the Commissioner. The Tribunal on further appeal held that the excise duty payable on the closing stock did not form part of the value of the closing stock.

It was submitted by counsel for the Revenue that the liability for payment of excise duty arises at the point of manufacture and, therefore, that liability goes to increase the value of the stock awaiting sale. This argument proceeds on a misconception. The stock which the assessee has at the end of the financial year is required to be valued at cost meaning thereby all the costs incurred by the assessee for the purpose of manufacturing the goods including the overheads or at market price at the option of the assessee. The liability for payment of excise duty is incurred by the assessee when the process of manufacture is complete in relation to that excisable item. That liability of the assessee is a liability which is shown in the excise duty account maintained by the assessee, all payments and liability so incurred towards such duty are being exhibited separately as amounts paid as excise duty or as liability incurred for payment of excise duty.

If the argument of the Revenue is to be accepted, the result would be anomalous. The assessee's liability for payment of duty would then be regarded as part of the assets held by the assessee in the form of the higher value assigned to the closing stock. A liability cannot be converted into an asset in that manner. If the assessee is to show in the accounts the liability incurred by it in relation to excise duty that is to be done by showing separately the extent of liability incurred in that year towards payment of excise duty. The liability, if so exhibited, would become an item which would have to be deducted for the purpose of arriving at the profit for the year. It is only when such deduction is given that the amount may be added to the value of the closing stock.

We, therefore, do not see any merit in this petition. This petition is dismissed.

M.B.A./797/FC?????????????????????????????????????????????????????????????????????????????????? Petition dismissed.