Abhinav Malik v. ITO [2023] 105 ITR 62 (SN) (Chd) (Trib)

S. 145 : Method of accounting-Non accounting of expired stock as part of opening stock-no evidence of sale of obsolete stock-notional estimation of profit for not showing the obsolete stock as part of opening stock unjustified. [S. 37]

Department having accepted the fact that the stock purchased by the assessee in earlier years was expired and incapable of being sold to the customers, notional estimation of profit for not showing the said obsolete stock as part of opening stock of the year under consideration is unjustified. Further, such stock is destroyed or returned would also not impact the profitability of the assessee, as the assessee has not claimed any loss on account of writing off of such stock, which the assessee is entitled to. (AY .2012-13)