2022 (8) TMI 518 - AT - Income Tax

Excess sugar cane price paid to its members and non-members - AO disallowed the payment made over and above FRP price as it was not contractual liability and it was nothing but distribution of profit - HELD THAT - We set aside this issue to the file of Assessing Officer for re-adjudication in the light of the Hon ble Supreme Court s decision in the case of Krishna Sahakari Sakhar Karkhana Ltd. 2012 (11) TMI 669 - SUPREME COURT . Accordingly, the grounds of appeal raised by the assessee are allowed for statistical purpose.

Summary

Issues involved:
1. Disallowance of excess sugarcane price paid by the Assessee for the Assessment Year 2006-07.

Detailed Analysis:

Issue 1: Disallowance of excess sugarcane price paid
The appeal filed by the Assessee challenges the order confirming the addition of Rs. 3,88,87,750 made by the AO on account of the difference between sugarcane price paid at the rate of SAP and price payable at the rate of SMP. The AO disallowed the payment made over and above the Fair and Remunerative Price (FRP) as it was considered a distribution of profit. The Tribunal noted that the issue of payment of excessive price on sugarcane purchase is settled by the Supreme Court's judgment in CIT Vs. Tasgaon Taluka S.S.K. Ltd. The Supreme Court clarified that while the component of profit in the final price can be considered as an appropriation of profit, the entire difference between SMP and SAP cannot be viewed as profit. The Tribunal set aside the issue to the AO for re-adjudication in line with the Supreme Court's decision, allowing the appeal of the Assessee for statistical purposes.

Conclusion:
The Tribunal remitted the issue of excess sugarcane price payment back to the Assessing Officer for fresh determination in accordance with the Supreme Court's decision. The Assessee's appeal was allowed for statistical purposes, emphasizing the need for a detailed examination of the profit component in the sugarcane price payment.