2014 (1) TMI 606 - HC - Income Tax

Excess realisation of levy sugar price - contingent liability or not Held that - Following Commissioner of Income Tax v. Dhampur Sugar Mills Ltd. (No.2) 2004 (9) TMI 38 - ALLAHABAD High Court Decided in favour of assessee. Incentive Scheme 1988 Held that - Following Commissioner of Income Tax and another v. Kisan Sahkari Chini Mills Ltd. 2009 (5) TMI 72 - ALLAHABAD HIGH COURT - Decided in favour of assessee.

Summary

Issues involved:
1. Excess realisation of levy sugar price
2. Incentive Scheme 1988

Analysis:

Excess realisation of levy sugar price:
The Department filed an appeal under Section 260A of the Income Tax Act, 1961 against the judgment of the Income Tax Appellate Tribunal regarding the excess realisation of levy sugar price for the assessment year 1993-94. The issue was whether the Tribunal was correct in not upholding the order of the Assessing Officer in disallowing the deduction for excess realisation of levy sugar price, which was a contingent liability and not yet due for payment. The High Court referred to a previous judgment and held that the question was covered against the revenue. The Court dismissed the appeal in favor of the assessee.

Incentive Scheme 1988:
Another issue raised in the appeal was related to the Incentive Scheme 1988. The Department contested the Tribunal's decision not to uphold the Assessing Officer's addition of extra sales realisation on additional free sales quota under the scheme. The Department argued that the excess amount realised by the assessee should be considered as part of trading receipts. However, the High Court referred to a different case law and held that the Tribunal's decision was correct. The Court noted that the issue was also decided against the revenue in a separate case. Consequently, all three questions were answered against the revenue and in favor of the assessee. The appeal was dismissed, finding no merit in the Department's arguments at the admission stage.