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Issues Involved:
1. Maintainability of the addition for Rs. 72.87 lacs on account of under-selling of cashew kernels to sister concerns. 2. Assessee's claim for deduction under section 80HHC on the profit assessed. Detailed Analysis: 1. Maintainability of the Addition for Rs. 72.87 Lacs: The principal issue in the appeal is the maintainability of the addition for Rs. 72.87 lacs effected in the assessment due to under-selling of cashew kernels by the assessee to its sister concerns. The assessee sold kernels worth Rs. 431.99 lacs to sister concerns at an average price of Rs. 178 per kg, whereas the closing stock was valued at Rs. 208 per kg, indicating a loss of Rs. 30 per kg. The assessee argued that the selling price was governed by international market rates and not by the cost of production. The Revenue authorities, however, viewed that the sales were not made on an arm's length basis and added the differential amount, invoking the arm's length principle, citing tax avoidance as the sister concerns benefited from deductions under section 80HHC. The Tribunal noted that the power of assessment is plenary, and the assessing authority has to look at the substance of transactions. If transactions are shown to be calibrated and not representing actual commercial dealings, the assessing officer (AO) can interfere. However, the AO must act reasonably and base assessments on relevant materials, avoiding arbitrary actions. The Tribunal agreed that the figure of average cost of production adopted by the AO was a valid measure in the absence of grade-wise cost data. The Tribunal further examined if there was sufficient material for the AO to conclude that the books of account did not reflect true and full particulars of transactions with sister concerns. The assessee's explanation for the loss was that the sale rate was de-linked from the cost of production and governed by international prices. However, the Tribunal found the explanation unsatisfactory, noting that the assessee's trading results should align with past performance if the rates were indeed normative. The Tribunal observed that the full facts, including the details of the selling arrangement with sister concerns, were not brought on record and required further investigation. The Tribunal concluded that the Revenue's challenge to the assessee's bona fides was valid and that the AO could estimate the fair market value based on the average cost of production. However, the matter was remitted back to the first appellate authority to allow the assessee to establish its bona fides and for the Revenue to conduct further investigations if necessary. 2. Assessee's Claim for Deduction Under Section 80HHC: The assessee claimed the benefit of deduction under section 80HHC on the profit assessed, relying on the decision in the case of Bawa Skin Co. The CIT(A) disallowed the claim, noting that there was no disclaimer by the exporters of the benefit under section 80HHC in respect of the assessee's sales to them. The Tribunal noted that the cited case involved a scenario where the assessee had claimed and was allowed deduction under section 80HHC on its exports, and an addition to the trading account resulted in a corresponding increase in the deduction. However, in the present case, the assessee had not claimed the deduction under section 80HHC either in its return or revised return of income, and there was no disclaimer of the export benefit by the assessee's buyer in its favor as a supporting manufacturer. Despite this, the Tribunal remitted the matter back to the first appellate authority to enable the assessee to present its case. Conclusion: The Tribunal allowed the assessee's appeal for statistical purposes, remitting the matter back to the first appellate authority to allow the assessee to establish its bona fides and for further investigation by the Revenue. The assessee was also given an opportunity to present its case regarding the claim for deduction under section 80HHC. The Tribunal clarified the legal position and its applicability but did not express any final view on the matter, emphasizing the need for a thorough factual determination.
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