2010 (1) TMI 27 - HC - Income Tax

Commission paid on purchase price of the cane to the cane growers cooperative society deletion of addition of Rs. 2,38,883 on account of interest payable on additional levy sugar price collected by the - assessee held that all the questions to be answered in favor of assessee

Summary

Issues:
1. Interpretation of commission paid to Cane Grovers Cooperative Society under Section 37(1) of the Income Tax Act, 1961.
2. Deletion of interest payable on additional levy sugar price collected by the assessee.
3. Application of the decision in the case of M/s K.C.P. Ltd. regarding excess price realized on levy sugar as trading receipts.

Analysis:

Issue 1:
The first issue in this appeal pertains to the legality of considering the commission paid to Cane Grovers Cooperative Society as part of the purchase price of cane and thus allowable for deduction under Section 37(1) of the Income Tax Act, 1961. The Tribunal's decision was challenged, questioning its legal justification. However, the counsel for the appellant cited precedent cases, including Commissioner of Income-Tax Vs. Sir Shadi Lal Enterprises Ltd. and Commissioner of Income-Tax Vs. Dhampur Sugar Mills Ltd. (No.2), where similar issues were decided in favor of the assessee. Consequently, the High Court, following the precedent, ruled in favor of the assessee, dismissing the appeal.

Issue 2:
The second issue raised in this appeal concerns the deletion of an addition of Rs.2,38,883/- on account of interest payable on additional levy sugar price collected by the assessee. The legality of upholding the order of the Commissioner of Income Tax (Appeals) in this regard was questioned. The counsel for the appellant referred to the decision in the case of Commissioner of Income-Tax Vs. Dhampur Sugar Mills Ltd. (No.2), where a similar issue was decided in favor of the assessee. Relying on this precedent, the High Court ruled in favor of the assessee, dismissing the appeal.

Issue 3:
The final issue raised in this appeal revolves around the validity of the order passed by the Income Tax Appellate Tribunal (ITAT) regarding interest liability, particularly in light of the decision of the Hon'ble Supreme Court in the case of M/s K.C.P. Ltd. The decision in the aforementioned case held that the excess price realized on levy sugar should be treated as trading receipts. The counsel for the appellant argued against the ITAT's decision, citing the precedent case. Following the precedent and the interpretation of the Supreme Court's decision, the High Court ruled in favor of the assessee, dismissing the appeal.

In conclusion, the High Court, based on the established legal principles and precedent cases, ruled in favor of the assessee on all three substantial questions of law raised in the appeal. The decision was aligned with previous judgments, resulting in the dismissal of the appeal on 13.1.2010.