2013 (10) TMI 1069 - AT - Income Tax

Suppressed valuation of bagasse - CIT deleted disalloance - Held that - in the instances given by the assessee during the assessment proceedings there are some instances of lower yield also as compared with that of assessee, which the AO has ignored. The submission of the assessee during the preceding years that certain portion of preceding March month were also taken into account in the concerned year have not been considered by the authorities below. AO has also not given any finding on the assessee s contention that production of baggase and its consumption into the boiler is a continuous process and it is not practically possible to maintain any stock record in this regard. AO has not addressed this also - Matter remitted back. Income from Business or agriculture income - Net cane nursery farm income - Held that - it is not disputed that income from cane nursery was on account of growing of cane and sale thereof. This is admittedly an agricultural income. Only because as a result of this operation, good quality of cane can also be identified can not lead to the conclusion the activity it is not an agricultural income - Decided against Revenue. Disallowance u/s 36(1)(va) - Employees contribution towards EPF - amount for the month of June,2007, August, 2007, September, 2007, December, 2007, January, 2008, February, 2008 and March, 2008 received from employees as contribution towards Provident Fund on or before due date specified under Employee s Provident Fund Act/Rule - Held that - The deductions made from the employees salary for employees provident fund has been paid before the due date of filing of return. It is clear from the table submitted before the Assessing Officer which has been reproduced in its order. Proof of payment was also submitted along with the return of income - CIT (A) has allowed the relief in Uttaranchal jurisdiction when such payments were made before due date of filing return of income and such relief has been finally upheld by the ITAT. Considering these facts and amendment in Act by Finance Act, 2003 w.e.f. 01.04.2004 and various case laws - Decided against Revenue.

Summary

Issues Involved:
1. Incorrect debit of excise duty
2. Suppressed valuation of closing stock of bagasse
3. Agricultural income treated as business income
4. Late deposit of employees' deduction of EPF

Detailed Analysis:

1. Incorrect Debit of Excise Duty:
The assessee contested the addition of Rs. 4,10,71,212/- as excise duty in the opening stock. The CIT (A) confirmed the action of the AO. The assessee argued that the excise duty on closing stock was separately shown as a debit in the Profit & Loss account, not in the opening stock. The Tribunal found it appropriate to restore this issue to the file of the Assessing Officer to decide afresh in view of the order made u/s 154 of the Act.

2. Suppressed Valuation of Closing Stock of Bagasse:
The CIT (A) had given relief to the assessee by deleting the addition of Rs. 21,77,445/- made by the AO for the suppressed valuation of bagasse. The revenue appealed against this deletion. The Tribunal noted that a similar issue was remanded to the AO in earlier years (ITA No. 254/Del/2009 and ITA No. 561/Del/2009). Following the same precedent, the Tribunal remitted this issue back to the AO for de novo decision, ensuring the assessee is granted adequate opportunity of being heard.

3. Agricultural Income Treated as Business Income:
The assessee's net cane nursery farm income of Rs. 1,54,968/- was treated as business income by the AO, which was confirmed by the CIT (A). The assessee argued that this income was agricultural, citing ITAT's decision in ITA No. 254/Del/2009. The Tribunal agreed with the assessee, noting that the income from the cane nursery was indeed agricultural as it was derived from growing and selling cane. Thus, this ground was allowed in favor of the assessee.

4. Late Deposit of Employees' Deduction of EPF:
The AO made an addition of Rs. 55,31,272/- u/s 2(24)(x) read with section 36(1)(va) of the Act for the late deposit of employees' EPF contributions. The CIT (A) upheld this addition. The Tribunal, however, noted that the deductions were paid before the due date of filing the return, supported by proof of payment. Citing various cases and the amendment by Finance Act, 2003, the Tribunal allowed this ground in favor of the assessee.

Conclusion:
- The issue of excise duty in the opening stock was remitted to the AO.
- The suppressed valuation of bagasse was also remitted to the AO for fresh consideration.
- The income from the cane nursery was deemed agricultural, reversing the lower authorities' decisions.
- The addition for late EPF deposit was deleted, favoring the assessee.

Judgment:
The appeals were disposed of as follows:
- ITA No. 4817/Del/2009 & 3108/Del/2010 were allowed for statistical purposes.
- ITA No. 4702/Del/2009 was partly allowed.
- ITA No. 4621/Del/2011 was allowed.

Order Pronounced:
The order was pronounced in open court on June 12, 2013.