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2022 (4) TMI 1066 - AT - Income TaxExcess sugar cane price paid to the Members and Non-members - Sale of sugar cane at concessional rate to the Members - HELD THAT - We find that the same issues have been adjudicated in the case of Karmaveer Shankarrao Kale Sahakari Sakhar Karkhana Ltd 2020 (12) TMI 1330 - ITAT PUNE both the issues i.e. excess sugar cane price paid to Members and Non-members and the issue of sale of sugar at concessional rate to Members is remanded to the file of the ld. A.O for fresh adjudication for the purpose of giving effect to the directions of the Hon ble Apex Court in its proper perspective. A.O shall comply with the principles of natural justice and adjudicate the issues as per law. The grounds of appeal raised by the assessee in both the appeals are therefore allowed for statistical purposes.
Issues Involved:
1. Excess sugarcane price paid to Members and Non-members. 2. Sale of sugar at concessional rate to Members. Detailed Analysis: 1. Excess Sugarcane Price Paid to Members and Non-members: The central issue involves the excess payment for sugarcane to both members and non-members beyond the statutory minimum price fixed under the Sugarcane (Control) Order, 1966. The Tribunal referenced the Pune Bench's decision in the case of Karmaveer Shankarrao Kale Sahakari Sakhar Karkhana Ltd. and the Supreme Court's judgment in CIT Vs. Tasgaon Taluka S.S.K. Ltd., which clarified that the difference between the Statutory Minimum Price (SMP) and the additional price fixed under Clause 5A should be examined to determine whether it constitutes a distribution of profits or allowable business expenditure. The Tribunal highlighted that the Supreme Court directed the Assessing Officer (AO) to analyze the accounts and balance sheets to segregate the profit component from the allowable expenditure. The Tribunal remitted the issue back to the AO to follow these guidelines, ensuring that the AO distinguishes between the deductible expenditure and the profit component, which should not be allowed as a deduction. The AO is also instructed to apply Section 40A(2) of the Income Tax Act to payments made to non-members to determine if they are excessive or unreasonable. 2. Sale of Sugar at Concessional Rate to Members: This issue pertains to the taxability of the difference between the market price and the concessional rate at which sugar is sold to members. The Tribunal referred to the Supreme Court's directions in CIT vs. Krishna SSK Ltd., which required the CIT(A) to consider whether this difference should be added to the total income of the assessee. The Tribunal noted that the CIT(A) had inconsistently applied these directions across various cases. The Tribunal emphasized the need for a clear finding on whether the concessional price difference constitutes taxable income. The Tribunal remanded the issue to the AO for fresh adjudication, instructing the AO to consider factors such as trade practice, state policy, and the basis for monthly sales, as directed by the Supreme Court. The AO is to ensure compliance with the principles of natural justice and provide the assessee with a reasonable opportunity for a hearing. Conclusion: Both issues were remanded to the AO for fresh adjudication in line with the Supreme Court's directions. The AO is to ensure a thorough examination of the facts and compliance with legal principles, providing the assessee with a fair opportunity to present their case. The Tribunal's decision aims to ensure that the AO correctly distinguishes between allowable deductions and profit distributions, and accurately assesses the taxability of concessional sales to members.
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