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2004 (8) TMI 44 - HC - Income TaxExcess levy sugar price - 1. Whether Tribunal was right in holding that the amount being excess levy sugar price was not taxable in the hands of the assessee-company? 2. Whether Tribunal was right in law in deleting the interest on the amount of excess levy sugar price claimed by the assessee? - we find that here also the right to collect/realise extra levy sugar price was on account of the interim order dated July 27 1972 passed by this court which was hedged with certain conditions. Thus the right to receive the payment had been in dispute. It therefore did not form part of the trading receipt of the respondent-assessee Thus we answer the first question of law in the affirmative i.e. in favour of the assessee - The amount of interest which the respondent was liable to pay on excess realisation of sugar price to the fund cannot be said to have accrued during the relevant previous year ending on September 30 1973 relating to the assessment year 1974-75 so our answer to question No. 2 is in the negative i.e. in favour of the Revenue
Issues Involved:
1. Taxability of the amount of Rs. 12,66,429 being excess levy sugar price. 2. Deduction of interest amounts Rs. 2,89,026 and Rs. 1,43,282 on the excess levy sugar price. Issue-wise Detailed Analysis: 1. Taxability of the Amount of Rs. 12,66,429: The primary issue was whether the amount of Rs. 12,66,429, collected by the assessee as excess levy sugar price, was taxable as income for the assessment year 1974-75. The assessee, a public limited company engaged in the manufacture and sale of crystal sugar, collected this amount under an interim order passed by the court, which restrained the Government from enforcing a notification fixing the sugar price at Rs. 138.87 per quintal. The assessee was allowed to sell sugar at Rs. 188.21 per quintal, provided it furnished a bank guarantee for the difference. The Income-tax Officer (ITO) treated the excess amount as part of the sale proceeds and taxable income. However, the Appellate Assistant Commissioner (AAC) and the Tribunal disagreed, holding that the amount did not belong to the assessee since it was collected under a conditional interim order. The Tribunal's decision was based on precedents where similar excess collections were not treated as income due to the conditional nature of the interim orders. The court upheld the Tribunal's view, noting that the assessee's right to the excess amount was not absolute but hedged with conditions pending the final court order. The court distinguished this case from others where excess amounts were treated as income, emphasizing that the interim order required the assessee to furnish a bank guarantee and did not grant an unfettered right to the excess amount. 2. Deduction of Interest Amounts Rs. 2,89,026 and Rs. 1,43,282: The second issue concerned the deduction of interest amounts Rs. 2,89,026 and Rs. 1,43,282 on the excess levy sugar price. The assessee claimed these deductions under the Levy Sugar Price Equalisation Fund Act, 1976 (Levy Act), which required transferring the excess amount to a fund along with interest at 12.5% per annum. The ITO rejected the claim, stating that the liability to pay interest did not accrue during the assessment year 1974-75, as the Levy Act came into force on April 1, 1976. The AAC allowed the deduction of Rs. 1,43,282 but rejected Rs. 2,89,026 as it pertained to an earlier period. The Tribunal upheld the AAC's decision. The court agreed with the ITO, concluding that the liability to pay interest under the Levy Act arose only after its commencement on April 1, 1976. Therefore, the interest amounts could not be deducted for the assessment year 1974-75. The court emphasized that a liability must be actual and present, not contingent or future, to be deductible. Conclusion: The court answered the first question in favor of the assessee, holding that the excess levy sugar price of Rs. 12,66,429 was not taxable as income. The second question was answered in favor of the Revenue, disallowing the deduction of interest amounts Rs. 2,89,026 and Rs. 1,43,282 for the assessment year 1974-75. Each party was ordered to bear its own costs.
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