2019 (9) TMI 1475 - AT - Income Tax

Excess Cane Price Paid to Sugarcane Suppliers - HELD THAT - In view of the statement made by both the sides that the facts in the present appeal are identical the issue relating to excess sugarcane price paid by the assessee is restored to the file of Assessing Officer with similar directions as above in the case of Majalgaon Sahakari Sakhar Karkhana Ltd. 2019 (3) TMI 906 - ITAT PUNE - AO shall decide the issue after affording reasonable opportunity of being heard to the assessee in accordance with law. Thus the relevant grounds raised by the assessee on this issue are allowed for statistical purposes. Sale of Sugar at Concessional rates - HELD THAT - As relying on Majalgaon Sahakari Sakhar Karkhana Ltd. 2019 (3) TMI 906 - ITAT PUNE in view of the above order by Co-ordinate Bench this issue is restored back to the file of Assessing Officer for de-novo adjudication in similar terms. The Assessing Officer shall grant reasonable opportunity of being heard to the assessee in accordance with law. Thus the relevant grounds raised by the assessee on this issue are allowed for statistical purposes. C-class membership fee - It is the case of the assessee that the fee received by the assessee constitutes a capital receipt and the same is not taxable - HELD THAT - After going through the contents we find the AO erroneously assumed that the same being collected by the assessee is of revenue nature. Whereas the assessee holds the same is capital nature. Without deciding the nature of the receipt the ld. CIT(A) confirmed the addition made by the Assessing Officer. The said issue is required to be remitted to the file of the AO for one more round of adjudication. Accordingly the Assessing Officer is directed to examine the precedents on this issue and conduct of the assessee in treating the same as capital nature in the earlier/later assessment year. Therefore we are of the opinion that this issue relates to the C-class membership fee is required to be remanded to the file of the Assessing Officer for fresh adjudication.

Summary

Issues Involved:
1. Addition on account of excess sugarcane price.
2. Sale of sugar at concession rate.
3. Addition on account of C-class membership fee.

Detailed Analysis:

1. Addition on Account of Excess Sugarcane Price:
The issue of payment of excessive price on the purchase of sugarcane by the assessee was revisited in light of the Hon'ble Supreme Court's judgment in CIT Vs. Tasgaon Taluka S.S.K. Ltd., which elaborated on the statutory framework under the Sugar Cane (Control) Order, 1966. The Supreme Court clarified that the difference between the Statutory Minimum Price (SMP) and the State Advised Price (SAP) or additional purchase price could contain an element of profit distribution, which is not deductible as expenditure. The matter was remitted to the Assessing Officer (AO) to determine the profit component embedded in the SAP and allow deductions accordingly. The Tribunal, following this precedent, remitted the issue back to the AO for fresh determination, instructing the AO to consider the accounts, balance sheet, and materials provided to the State Government for fixing the final price. The AO was directed to allow deductions for the price paid under clause 3 of the Control Order and determine the profit component under clause 5A, with clear instructions to differentiate between payments to members and non-members.

2. Sale of Sugar at Concessional Rates:
The issue of sale of sugar at concessional rates was addressed by referring to the Hon'ble Supreme Court's judgment in CIT Vs. Krishna Sahakari Sakhar Karkhana Limited. The Supreme Court had remitted the matter to the CIT(A) to consider whether selling sugar at concessional rates was a customary practice in the cooperative sugar industry and supported by any State Government resolution. The Tribunal, in alignment with the Supreme Court's directions, remitted the issue back to the AO for fresh consideration. The AO was instructed to determine if the difference between the market price and the concessional price constituted an appropriation of profit, considering the relevant factors mentioned in the Supreme Court's judgment. The Tribunal emphasized that the AO should grant a reasonable opportunity of hearing to the assessee.

3. Addition on Account of C-class Membership Fee:
The assessee contended that the C-class membership fee constituted a capital receipt and was not taxable. The AO had treated it as revenue in nature, and the CIT(A) upheld this view without properly addressing the nature of the receipt. The Tribunal found this approach erroneous and remitted the issue back to the AO for fresh adjudication. The AO was directed to examine precedents and the assessee's conduct in treating similar receipts in other assessment years. The AO was instructed to grant a reasonable opportunity of hearing to the assessee and pass a speaking order.

Conclusion:
The appeal was allowed for statistical purposes, with all issues remanded back to the AO for fresh adjudication, ensuring that the assessee is given a fair opportunity to present their case. The Tribunal's order emphasized adherence to the legal precedents set by the Hon'ble Supreme Court and the necessity of a detailed and reasoned approach in determining the nature of the disputed amounts.