2007 (5) TMI 187 - HC - Income Tax

Assessee-company was engaged in the manufacture of sugar, country liquor as also Indian made foreign liquor - commission and subsidy paid to the cane growers formed part of the purchase price of the cane and thus allowable for deduction under section 37(1) of IT Act - the question referred to us is answered in the affirmative, i.e., in favour of the assessee and against the Revenue

Summary

Issues:
Interpretation of deduction under section 37(1) of the Income-tax Act, 1961 for commission and subsidy paid to cane growers.

Detailed Analysis:

1. Background and Facts:
The case involved the assessment years 1985-86 and 1986-87 where the assessee-company, engaged in sugar and liquor production, claimed deductions under section 37(1) of the Income-tax Act for commission and subsidy paid to cane growers. The Commissioner of Income-tax challenged these deductions, asserting they should only be allowed under section 35C and not under section 37(1).

2. Commissioner's Opinion and Proceedings:
The Commissioner initiated proceedings under section 263, contending that the deductions were erroneously allowed by the Inspecting Assistant Commissioner. The Commissioner argued that the arrangement with another company for royalty income was not genuine and that the deductions should not have been granted under section 37(1) post the Finance Act, 1984 amendments.

3. Tribunal's Decision:
The Tribunal, however, ruled in favor of the assessee, stating that the subsidy and commission were part of the purchase price of sugarcane and thus deductible under section 37(1). The Tribunal found that the amounts were genuinely paid to the cane growers and constituted allowable expenses under the Act.

4. High Court's Analysis:
Upon hearing arguments from both sides, the High Court concurred with the Tribunal's decision. It emphasized that the subsidy and commission were indeed paid by the assessee to the cane growers, forming part of the cane price, and therefore fell within the ambit of deductions allowed under section 37(1) of the Income-tax Act.

5. Final Judgment:
The High Court answered the question referred to it in the affirmative, ruling in favor of the assessee and against the Revenue. No costs were awarded in the case. The judgment upheld the deductibility of commission and subsidy paid to cane growers under section 37(1) of the Income-tax Act, 1961, for the assessment years in question.