Section 145A — Method of Accounting in Certain Cases
Section 145A of the Income-tax Act, 1961, prescribes the method of accounting for certain items for the purpose of computing income under the head 'Profits and gains of business or profession' and 'Income from other sources'. This section mandates that the valuation of purchase and sale of goods and inventory shall be adjusted to include the amount of any tax, duty, cess, or fee actually paid or incurred by the assessee to bring the goods to the place of its location and condition as on the date of valuation. This ensures that the income is computed in accordance with the method of accounting regularly employed by the assessee. The significance of this section lies in its role in standardizing accounting practices and ensuring that all relevant costs are reflected in the valuation of inventory, thereby affecting the taxable income. The burden of proof lies on the assessee to demonstrate compliance with this section, and it is crucial for maintaining consistency and accuracy in financial reporting.
Common Litigation Flashpoints
- Dispute over inclusion of taxes in inventory valuation
- Challenges in consistent application of accounting methods
- Discrepancies in valuation of closing stock
- Interpretation of 'actually paid or incurred' expenses
Judgments on Section 145A — Method of Accounting in Certain Cases
- Vodafone International Holdings B.V. vs Union of India & Anr. — SC,
Section 9 of the Income Tax Act does not cover indirect transfers of capital assets situated in India. - Union of India & Anr. vs M/s. Ganpati Dealcom Pvt. Ltd. — SC,
The 2016 Amendment Act cannot be applied retrospectively as it creates new offences and substantive changes, which cannot be applied to past transactions. - Aditya Birla Nuvo Limited vs The Deputy Director of Income-tax — HC,
The beneficial ownership of shares, despite being registered in the name of a permitted transferee, determines the taxability of capital gains in India. - DCIT, Circle 13(1) vs M/s. National Fertilizers Ltd. — ITAT,
Demurrage and wharfage charges are compensatory and not penalties, and accrued interest is not taxable until it is realized. - Commissioner of Income Tax, Bangalore vs B. C. Srinivasa Setty — SC,
Goodwill generated in a newly commenced business cannot be described as an 'asset' within the terms of Section 45 and therefore its transfer is not subject to income-tax under the head 'capital gains'