Section 69A Explained: SC Rules Bitumen Cannot Be Treated as a Valuable Article for Tax Additions



Quick Summary
The Supreme Court has ruled that bitumen cannot be treated as a 'valuable article' for the purposes of Section 69A of the Income Tax Act. This decision stems from a case where tax authorities attempted to add the value of undelivered bitumen to an assessee's income. The court clarified that Section 69A applies to unexplained money, bullion, jewelry, or other valuable articles, defining 'valuable' as an item commanding a high or premium price even in small quantities.

Way back, a scam was reported in the West Bengal media. The scam consisted of transporters of bitumen, lifted from oil companies, misappropriating the bitumen and not delivering the quantity lifted to the various Divisions of the Road Construction Department of the Government of Bihar. The scam had its repercussion in the assessments under the Income Tax Act. The AO, taking note of the scam, issued SCNs, alleging that the transporters had lifted say 100 tonnes of bitumen but delivered only say 70 tonnes. This meant that the transporters had not delivered 30 tonnes. The AO added a corresponding sum by finding that 30 tonnes  had not been delivered. This was done by invoking Section 69A of the Act. 

Section 69A Explained: Bitumen Not a  Valuable Article  for Tax

The Apex Court has in an important judgement in the matter of M/s D.N. SINGH Vs COMMISSIONER OF INCOME TAX, CENTRAL, PATNA [2023-VIL-20-SC-DT] set aside the orders ruling that to apply Section 69A of the Act. It has held that it is indispensable there must be a "valuable article". It has also thus laid down the basis of terming an article as a "valuable article". It has held that Section 69A provides for unexplained ‘money, bullion, jewellery’. It is thereafter followed by the words 'or other valuable articles'. 

 

The intention of the law-giver in introducing Section 69A was to get at income which has not been reflected in the books of account but found to belong to the assessee. Not only it must belong to the assessee, but it must be other valuable articles. If the ‘article’ is to be found ‘valuable’, then in small quantity it must not just have some value but it must be 'worth a good price' or ‘worth a great deal of money’ and not that it has ‘value’. Section 69A would then stand attracted. But if to treat it as ‘valuable article’, it requires ownership in large quantity, in the sense that by multiplying the value in large quantity, a ‘good price’ or ‘great deal of money’ is arrived at then it would not be valuable article.  

 

Thus, it was concluded that 'bitumen' as such cannot be treated as a ‘valuable article’. For purpose of Section 69A of Income Tax Act, it is therefore  declared that an 'article' shall be considered ‘valuable’ if the concerned  article 
is a high-priced article commanding a premium price

FAQ :

Section 69A of the Income Tax Act deals with unexplained money, bullion, jewelry, or other valuable articles found in the possession of an assessee, which are not recorded in their books of account.

The Supreme Court ruled that bitumen, by itself, cannot be treated as a 'valuable article' for the application of Section 69A of the Income Tax Act.

The Supreme Court held that an article is considered 'valuable' if it is a high-priced item that commands a premium price, even in small quantities, rather than just having some value.

The ruling arose from a case where transporters of bitumen were accused of misappropriating quantities, and tax authorities sought to add the value of undelivered bitumen under Section 69A.

No, the ruling specifically addresses whether bitumen qualifies as a 'valuable article' under Section 69A for unexplained income additions. It does not negate the inherent value of bitumen itself.




About the Author

DESIGNATED PARTNER

Mr. Vivek Jalan is a FCA, Qualified LL.M (Constitutional Law) and LL.B. He is the Chairman of The Fiscal Affairs and Taxation Committee of The Bengal Chamber of Commerce and Industry. He is the Convenor on Indirect Taxes of the CII- Economic Affairs and Taxation Committee (ER); He is also a visiting faculty for Indirec ... Read more

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