1997 (10) TMI 28 - HC - Income Tax

Income Tax: Reserve for Deficit Stock Inclusion in Cooperative Society's Income Upheld

The High Court of Madras ruled that the reserve for deficit stock should be included in the income of a cooperative and marketing society for the ... Business Income Issues:1. Inclusion of reserve for deficit stock in the income of a cooperative and marketing society.Detailed Analysis:The High Court of Madras addressed the issue of whether a sum of Rs. 1,87,544, representing reserve for deficit stock on account of handling, should be included in the income of a cooperative and marketing society for the assessment year 1971-72. The Income-tax Officer disallowed the claim made by the assessee, stating that the value of the damaged goods had not been written off in the books of account. The Appellate Assistant Commissioner upheld the addition, following a previous order of the Income-tax Appellate Tribunal. The assessee contended that the reserve represented the estimated value for the damaged stock and should be allowed as a deduction. The Income-tax Appellate Tribunal found that the assessee had not proven the loss of stock and could only claim a deduction after a Departmental enquiry settled the issue. The Tribunal dismissed the appeal, leading to the present reference seeking a decision on the matter.The counsel for the assessee referred to earlier decisions of the court and highlighted a conflict of views between the Tribunal regarding the tax treatment of losses among cooperative societies. The counsel argued for a reconsideration of the earlier decision based on relevant legal precedents. The court considered the submissions and referred to its previous decision in a similar case involving the same assessee. The court reiterated that unless a loss by way of deficiency in stocks is shown in the year of account and a reserve is created for that loss, no deduction can be claimed. The court emphasized that the assessee must establish the loss of stock in the year of account before claiming a deduction, as per legal requirements.Ultimately, the court answered the question of law in the affirmative and against the assessee, upholding the decision that the reserve for deficit stock should be included in the income of the society. The court relied on its earlier decision and found no reason to differ from the reasoning provided in previous judgments. The court concluded that the earlier decision squarely applied to the facts of the present case, leading to the dismissal of the appeal. No costs were awarded in this matter.