2012 (2) TMI 739

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....te with Mr.Jas Sanghavi i/by PDS Legal, for the Respondent. P.C.: 1 Four questions of law have been raised by the Revenue in this Appeal under Section 260A of the Income Tax Act, 1961. The Appeal arises out of an order of the Income Tax Appellate Tribunal dated 30 January 2008 for Assessment Year 1997­98. The questions of law raised are as follows:­ "(i) Whether on the facts....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en such a clear finding is available as per record?" 2 The Appeal shall stand admitted on questions (ii) and (iii). 3 As regards question (i), the Tribunal has observed that the LIFO method of accounting of the closing stock was followed by the Assessee right from Assessment Year 1987­88. The Tribunal, following the decision of its coordinate bench, directed the Assessing Officer to valu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....85, the Assessing Officer by his orders dated 4 March 1986 and 23 March 1987 accepted the value of the closing stock as per the LIFO method and the assessments were completed under Section 143(3). Those assessment orders have attained finality. For Assessment Years 1985­86 and 1986­87, the Revenue did not dispute the value of the closing stock adopted by the Respondent on the basis of the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f the closing stock is the correct value on the LIFO method, has been accepted by the Revenue. 5 The affidavit in reply has not been controverted. The consistent view which has been taken by the Tribunal is to accept the LIFO method. This is an accepted method for valuation of stock. The method has been regularly followed by the Assessee. This is not a case where the Assessing Officer was not s....