2019 (5) TMI 629 - AT - Income Tax

Addition towards excessive sugarcane price paid to members as well as non-members of the assessee - deductible expenditure u/s 37(1) - application of provisions of section 40A(2) - assessee is a Co-operative Society engaged in the business of manufacturing and sale of sugar and its bye-products - HELD THAT - Both the sides are unanimously agreeable that the extant issue of deduction for payment of excessive price for purchase of sugarcane, raised in the appeal under consideration, is squarely covered by the case of C.I.T. BOMBAY VERSUS TASGAON TALUKA S.S.K. LTD. 2019 (3) TMI 321 - SUPREME COURT We set-aside the impugned order on this score and remit the matter to the file of the A.O for deciding it afresh as per law in consonance with the articulation of law by the Hon ble Supreme Court in the aforenoted judgment. AO would allow deduction for the price paid under clause 3 of the Sugar Cane (Control) Order, 1966 and then determine the component of distribution of profit embedded in the price paid under clause 5A, by considering the statement of accounts, balance sheet and other relevant material supplied to the State Government for the purpose of deciding/fixing the final price/additional purchase price/SAP under this clause. The amount relatable to the profit component or sharing of profit/distribution of profit paid by the assessee, which would be appropriation of income, will not be allowed as deduction, while the remaining amount, being a charge against the income, will be considered as deductible expenditure. The distribution of profits can only be qua the payments made to the members. In so far as the non-members are concerned, the case will be considered afresh by the AO by applying the provisions of section 40A(2) of the Act, as has been held by the Hon ble Supreme Court supra - Decided in favour of assessee for statistical purposes.

Summary

Issues Involved:
- Appeal against excessive sugarcane price addition made by the Assessing Officer (AO) to both members and non-members of the assessee.

Analysis:
1. Issue: Excessive sugarcane price addition
- The appeal arose from the excessive sugarcane price addition made by the AO to both members and non-members of the assessee.
- The AO observed that the assessee paid a price over the Fair and Remunerative Price (FRP) fixed by the Government to its members and non-members, considering it as 'distribution of profits' and not deductible under section 37(1) of the Income-tax Act, 1961.
- The CIT(A) partly allowed relief, leading to the assessee's grievance against the part confirmation of the addition.

2. Judicial Precedent Consideration:
- The Tribunal noted the recent judgment of the Hon'ble Supreme Court in CIT Vs. Tasgaon Taluka S.S.K. Ltd. (2019) 103 taxmann.com 57 (SC) which extensively addressed the issue of excessive sugarcane price payment.
- The Supreme Court clarified that the difference between the Statutory Minimum Price (SMP) and the Additional Purchase Price under clause 5A of the Control Order, 1966 involves an element of profit distribution and appropriation.
- The matter was remitted to the AO to determine the profit component and deductible expenditure by examining the accounts and material provided for fixing the final price/additional purchase price under clause 5A.

3. Decision and Remittance:
- Considering the Supreme Court's judgment, the Tribunal set aside the impugned order and remitted the matter to the AO for fresh determination in accordance with the law.
- The AO was directed to allow deduction for the price paid under clause 3 of the Control Order, 1966, and ascertain the profit component embedded in the price paid under clause 5A for members.
- The distribution of profits concerning non-members would be reconsidered under section 40A(2) of the Act, ensuring the assessee's right to a fair hearing in the fresh assessment.

4. Conclusion:
- The Tribunal allowed the appeal for statistical purposes, emphasizing adherence to the Supreme Court's guidance on determining the deductible expenditure related to sugarcane price payments.
- The decision aimed to ensure a fair and thorough assessment by the AO, distinguishing between allowable deductions and profit-sharing components in sugarcane price payments to members and non-members.

This detailed analysis of the judgment highlights the legal nuances and the application of judicial precedents in resolving the issue of excessive sugarcane price addition in the given case.