2022 (7) TMI 808 - AT - Income Tax

Disallowance of Excess cane price - Disallowance of sale of sugar at concessional rate - HELD THAT - In view of the statement made by both the sides that the facts in the present appeal is identical, the issue relating to excess sugarcane price paid by the assessee is restored to the file of Assessing Officer with similar directions as above in the case of Majalgaon Sahakari Sakhar Karkhana Ltd. 2019 (3) TMI 906 - ITAT PUNE - AO shall decide the issue after affording reasonable opportunity of hearing to the assessee, in accordance with law. Appeal of the assessee is allowed for statistical purpose.

Summary

Issues:
1. Disallowance of Excess cane price.
2. Disallowance of sale of sugar at concessional rate.

Issue 1: Disallowance of Excess cane price
The appeal pertains to the assessment year 2013-14, where the assessee, engaged in sugarcane crushing, challenged the disallowance of excess cane price. The Co-ordinate Bench had previously adjudicated similar issues in a batch of appeals, citing the judgment of the Hon'ble Supreme Court in CIT Vs. Tasgaon Taluka S.S.K. Ltd. The Supreme Court's ruling emphasized the distinction between Statutory Minimum Price (SMP) and additional purchase price, highlighting the need for the AO to determine the profit component embedded in the price paid under clause 5A of the Control Order, 1966. Following the precedent, the ITAT Pune set aside the impugned orders and remitted the matter to the respective A.Os. for fresh consideration. The AO was directed to allow deduction for the price paid under clause 3 of the Sugar Cane (Control) Order, 1966, and then ascertain the distribution of profit component for appropriate treatment. The issue was to be decided after affording a reasonable opportunity of hearing to the assessee.

Issue 2: Disallowance of sale of sugar at concessional rate
The second issue revolved around the disallowance of the difference between the market price and the concessional rate at which sugar was sold to farmers and cane growers. The Co-ordinate Bench had previously addressed a similar matter in the case of CIT Vs. Krishna Sahakari Sakhar Karkhana Limited, where the Supreme Court remitted the issue to the CIT(A) for further examination. Considering the directions provided by the Supreme Court, the ITAT Pune set aside the impugned orders and restored the issue to the file of AOs for fresh consideration. The AOs were tasked with determining whether the difference between market price and concessional rate constituted an appropriation of profit, in line with the Supreme Court's guidelines. The assessee was to be granted a reasonable opportunity of hearing during the fresh adjudication process.

In conclusion, both issues raised in the appeal were remitted to the respective Assessing Officers for fresh consideration in accordance with the law and the directives provided by the Co-ordinate Bench and the Supreme Court. The appeal of the assessee was allowed for statistical purposes.