Itxa/1903/2009 Of The Commisioner Of Income Tax-9, Mumbai v. M/S. Tipco Industries Ltd, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.1903 OF 2009 The Commissioner of Income Tax ..Appellant. V/s. M/s. Tipco Industries Ltd. ..Respondent. Mr. P.S. Sahadevan for appellant. Mr. A.K. Jasani for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 17TH NOVEMBER, 2009. P.C. :- 1.Heard learned counsel for the revenue. The issue sought to be raised in the appeal is considered by the Tribunal in para 6 of its order, which reads as under:- " By plain reading of the above provisions, it is clear that if the goods are lying in the godown, excise duty is not required to be paid. If the goods are brought from the godown only excise duty has to be paid. If the excise duty is paid then only the excise duty is added to the closing stock not required. We are of the considered opinion that both the authorities below went wrong by holding that even if the goods are lying in the godown, excise duty is to be added to the closing stock as per the provisions under section 145A. Therefore, we set aside the ORDER of CIT(A) and directed to delete the addition of Rs.14,30,444/-. " 2.Apart from the above, the view taken by the Tribunal is also the consistent view taken by the Madhya Pradesh High Court in the case of ASSTT. CIT V/s. D&H Secheron Electrodes (P) Ltd. reported in 173 Taxman 188 and the Madras High Court in the case of CIT V/s. Parry Confectionary Ltd. reported in (2008) 299 ITR 321 (Mad). In the above view of the matter, no substantial question of law arise in the appeal. The appeal is dismissed in limini with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)