2018 (2) TMI 2038 - AT - Income Tax

Addition on account of distribution of profit in the garb of payment of additional price for purchase of milk - whether tribunal was justified in law in holding that the payment of rate difference after the closure of the accounting year do not amount to distribution of profit, as the amount to be paid was not out of the profit ascertained at the annual general meeting? - HELD THAT - The first issue which arises in the present appeal is squarely covered by the order of Hon ble Bombay High Court in CIT Vs. (1) Solapur Dist. Co-op. Milk Producers and Process Union Ltd 2009 (4) TMI 19 - BOMBAY HIGH COURT (2) Kolhapur Zilla Sahakari Dudh Utpadak Sangh Ltd. 2009 (4) TMI 19 - BOMBAY HIGH COURT which has been applied in assessment years 2007-08 and 2008-09. The year under appeal before us is assessment year 2009-10 and following the same parity of reasoning, we uphold the order of CIT(A) in this regard and dismiss the grounds of appeal No.1 and 2 raised by the Revenue.

Summary

Issues:
1. Whether the CIT(A) was justified in deleting the addition made on account of distribution of profit in the guise of payment for milk purchase.
2. Whether the CIT(A) was correct in recognizing that additional purchase price was paid only to society members after determining profits, constituting profit distribution.
3. Whether the CIT(A) erred in ignoring section 43(1) of the Income Tax Act regarding asset cost calculation.

Issue 1: Addition on Account of Profit Distribution:
The Revenue challenged the deletion of an addition of ?18,71,98,281 made for profit distribution under the guise of milk purchase payment. The Tribunal noted the Co-operative society's business of milk processing and the claim under section 80P of the Act. The Revenue contended that the additional price for milk purchase post-accounting year closure constituted profit distribution. However, the Tribunal referenced past Tribunal and High Court decisions that favored the assessee, dismissing the Revenue's appeal on this ground.

Issue 2: Additional Purchase Price and Profit Distribution:
The Revenue raised concerns about additional purchase price payment to society members post-profit determination, alleging profit distribution as per the society's bye-laws. The Tribunal referred to previous High Court decisions that supported the assessee's position, emphasizing that the payment did not come from the annual profit. Consequently, the Tribunal upheld the CIT(A)'s decision and dismissed the Revenue's appeal on this issue.

Issue 3: Ignoring Section 43(1) Provisions:
The Revenue contested the CIT(A)'s disregard for section 43(1) of the Act concerning asset cost calculation. The Tribunal highlighted the Hon'ble Bombay High Court's rulings in the assessee's previous cases, where similar issues were addressed and decided in favor of the assessee. Following the High Court's precedent, the Tribunal upheld the CIT(A)'s decision and dismissed the Revenue's appeal on this ground as well.

Conclusion:
The Tribunal dismissed all three appeals by the Revenue against the CIT(A)'s consolidated order for assessment years 2009-10 to 2011-12. The decisions were based on established legal precedents and interpretations of relevant provisions, affirming the CIT(A)'s rulings on profit distribution, additional purchase price, and compliance with section 43(1) of the Income Tax Act. The Tribunal's comprehensive analysis aligned with past judgments, resulting in the dismissal of the Revenue's appeals.

---