2025 (11) TMI 557 - AT - Income Tax

Notional 12% interest on advances disallowed; inventory theft, floods, expiry losses and year-end obsolete gift write-offs allowed

ITAT DELHI - AT upheld the CIT(A)'s deletions: it struck down the AO's notional computation of interest at 12% on advances to related concerns because no ... Addition on account of interest on loans and advances - CIT(A) deleted addition - HELD THAT:- We make it clear first of all that this is not an instance of disallowance of interest u/s 36(1)(iii) of the Act wherein the department alleges the assessee to have diverted it’s interest bearing funds for non-business purposes. This is for the precise reason that the AO had computed notional interest @ 12% on advances made to sister concerns without invoking section 36(1)(iii) which couldn’t be concurred with since not made under any specific provision in the Act. That being the clinching case, we hold that the CIT(A) has rightly interfered with the foregoing notional interest computation @ 12% made in the assessee’s hands in assessment proceedings. The Revenue’s instant first and foremost substantive ground is rejected therefore. Disallowance of loss of inventory due to floods, expiry of products and theft at it’s godowns of warehouse - Coming to the former components representing loss of inventory due to theft, the Revenue could hardly dispute that the assessee had duly substantiated the same by filing the necessary first information report (“FIR”) as well as the inventory of the corresponding items which could not be rebutted by the Assessing Officer. That being the case, we are of the considered view that the assessee was very well justified in booking it’s impugned loss as an allowable deduction at the first sign of reasonable probability in light of Chainrup Sampatram [1953 (10) TMI 2 - SUPREME COURT] as profits for income-tax purposes are to be computed in conformity with the ordinary principles of commercial accounting, unless of course, such principles have been superseded or modified by legislative enactments unrealised profits in the shape of appreciated value of goods remaining unsold at the end of an accounting year and carried over to the following year's account in a business that is continuing are not brought into the charge as a matter of practice, though, as already stated, loss due to a fall in price below cost is allowed even if such loss has not been actually realised. Allowance of balance amount representing write off on account of diminution in the value of inventory as on 31.03.2017 - It is an admitted fact that the assessee/a company is engaged in real estate and allied activity business. And that the hon’ble apex court had passed it’s order dated 21.11.2013 restraining M/s Sahara Group; including the assessee/company, from alienating all their movable or immovable assets, as the case may be. The said injunction continued admittedly combined at lease upto the relevant previous year. It is in this factual backdrop that the assessee chose to write off the impugned inventory items including child’s toys, ladies saris and bed sheets etc. i.e. gift items as on 31.03.2017 in the corresponding ledgers since the same had become very much obsolete after a time period of almost four years. The Revenue vehemently argues the decision to this effect was taken subsequently on 04.05.2017. We find no merit in these arguments once it is clear the corresponding write off had been passed in the ledger(s) accounts concerned on the closing day of the relevant accounting period based on the principle of reasonable probabilities. The mere fact that the same was ratified subsequently on 04.03.2017 would not change the status already written off items in our considered opinion. We thus accept the assessee’s instant last substantive ground canvassed in it’s cross objection to delete the impugned disallowance. ISSUES PRESENTED AND CONSIDERED 1. Whether the Assessing Officer was justified in imputing notional interest on interest-free advances in the absence of any specific charging or deeming provision in the statute. 2. Whether loss of inventory due to theft, substantiated by FIRs and inventory particulars, is an allowable deduction in computing business income. 3. Whether write-off of inventory for loss due to flood/dampness (diminution in value) is allowable for the relevant previous year where quantification/third-party certification occurred after year-end but ledger entries show the write-off as at the balance-sheet date; and whether such entries constitute a valid deduction or only a post-year provision/back-dating. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Imputation of notional interest on interest-free advances Legal framework: Taxation attaches to real income which has accrued or been received; absent accrual or receipt there is no charge. Specific statutory deeming provisions exist where the legislature intends to treat certain non-realised amounts as taxable (i.e., provisions expressly creating taxable income or treating amounts as income in specified circumstances). Distinct treatment applies where interest disallowance is claimed under provisions directed at diversion/use of borrowed funds. Precedent treatment: Higher-court authorities have held that hypothetical or notional income does not constitute taxable income unless there is a real accrual or a specific legal provision. Authorities also recognize that income accrues when a right to receive payment (a debt) comes into existence. Where interest-free funds are available and investments are funded from such funds, a presumption may arise that investments were made from interest-free funds rather than borrowings. Interpretation and reasoning: The Assessing Officer computed notional interest at a fixed rate on sundry advances without invoking any statutory head that deems such notional interest to be income or without characterising the addition as a disallowance under a provision directed at interest expenses. The Tribunal examined whether the entries represented real accruals (rights to receive interest) or merely bookkeeping/claimed adjustments. In absence of a contractual right to interest, no real accrual of interest had occurred. Further, even where funds are advanced, the availability of interest-free funds may rebut any inference that funds were interest-bearing and therefore produce an artificial interest income. Creating a new source of taxable income by imputing hypothetical interest is beyond assessing power where the statute contains no deeming provision to that effect. Ratio vs. Obiter: Ratio - Notional interest cannot be taxed in absence of accrual/receipt or specific statutory provision; AO cannot create a new taxable source by computation of hypothetical interest. Obiter - Remarks on comparative factual matrices (e.g., availability of interest-free funds) are factual aids but not binding beyond case facts. Conclusion: The imputation of notional interest was not sustainable; the addition was deleted. Issue 2 - Deductibility of loss of inventory due to theft Legal framework: Losses incurred in the course of carrying on business which are incidental to business operations are deductible when they represent real loss (embezzlement/theft of trading stock). Accounting practice permits writing down closing stock where market value is lower than cost; commercial prudence permits recognition of anticipated losses. Claimants must substantiate the loss with contemporaneous or credible documentary evidence. Precedent treatment: Authorities have recognised that loss by theft or embezzlement, if incidental to business, is an allowable trading loss. Courts and tribunals have consistently required that the loss be connected to business operations and be demonstrable on facts (e.g., FIRs, inventory lists, correspondence with warehouse operators). Principles of valuation and prudence in valuation of closing stock support taking anticipated losses into account at year-end. Interpretation and reasoning: The assessee produced FIR(s), inventories of missing items, lawyer notices to warehouse operators/landlords and other documentary material showing theft at specific warehouses. The Tribunal found that theft had occurred and that loss was discovered on physical verification at year-end; the claim was therefore consistent with accepted accounting principle of valuing closing stock at cost or net realisable value, and with recognising loss at the point of reasonable probability. Given documentary substantiation and nexus of stolen goods to trading stock, the loss was incidental to business and deductible. Ratio vs. Obiter: Ratio - Theft losses of inventory, properly substantiated and demonstrably incidental to business, are deductible. Obiter - Emphasis that the presence of third-party stock in the same godown requires detailed allocation by the assessee, but where allocation is supported by inventories/FIRs, deduction follows. Conclusion: The disallowance of loss on account of theft was not justified; the addition was deleted. Issue 3 - Write-off for loss due to flood/dampness: timing, back-dating and nature (provision vs. real loss) Legal framework: Under mercantile accounting, events occurring after balance-sheet date generally do not alter the accounting for the closed year unless they provide evidence of conditions existing at the balance-sheet date (adjusting events) or unless the write-off was a bona fide determination as at the balance-sheet date. A write-off entered in the books as at the balance-sheet date may be allowable if it reflects diminution in value existing at that date and is not merely a subsequent provision or a post-year determination back-dated to create a deduction. Courts have required something positive to show that the value became nil (or diminished) in the year claimed and have struck down claims where the asset continued in existence and value until later disposal or where write-off was merely a bookkeeping provision without real loss. Precedent treatment: Authorities distinguish between (a) bona fide write-offs effected and determined as at year-end, and (b) provisions or back-dated entries made after year-end to recognise loss in an earlier year. Where quantification and certification occur after year-end but management evidence shows a contemporaneous decision and ledger entries at year-end, the write-off may be accepted if facts show loss existed as at that date. Conversely, if goods remained in possession and decision to write off was taken later with no evidence of diminution at balance-sheet date, claim fails. Interpretation and reasoning: The Tribunal analysed timing and documentary trail: ledger entries showed write-off as at the balance-sheet date; physical verification at year-end detected shortages; subsequently an auditor/chartered accountant certified the quantum. The Revenue relied on the fact that the auditor's certificate was dated after year-end and argued back-dating. The Tribunal held that where write-off was recorded in ledgers as at the balance-sheet date based on physical verification and on reasonable probabilities (particularly in the context of prolonged embargo on asset disposal which caused prolonged stagnation of stock), subsequent formal ratification did not negate that the loss had arisen in the relevant year. The Tribunal also held that the entries represented more than a mere provision (i.e., they reflected diminution in value discovered at year-end) and were not mere post-year bookkeeping designed to create a deduction. Ratio vs. Obiter: Ratio - A write-off of inventory for diminution in value is allowable in the year if (i) the diminution existed as at the balance-sheet date and (ii) the write-off is evidenced by contemporaneous ledger entries, physical verification and reasonable probabilistic assessment; post-year formalisation does not automatically render the entry a disallowable provision. Obiter - The decision emphasises that large corporates must still show managerial/board authorisation where required, but absence of contemporaneous board minutes will not defeat a bona fide year-end write-off if other documentary evidence establishes the decision and the existence of loss as at that date. Conclusion: The write-off of inventory for diminution due to flood/dampness was allowable for the relevant previous year; the disallowance was deleted. However, where entries evidence mere provision without demonstration that the diminution existed as at balance-sheet date, disallowance would be maintainable (applied to the facts where applicable).