2019 (11) TMI 104 - HC - Income Tax

Under recording of sales - under billing in respect of free sale of sugar - assessing authority on the basis of report of newspaper on various dates found the price of sugar more than the rates shown by assessee and hence, held that the assessee had under recorded the sales by ₹ 20/- per bag and made addition - HELD THAT - AO had made addition only on the basis of newspaper quotation which was deleted by the CIT(A) and the finding being confirmed by the Tribunal. The same being concurrent finding finding of fact, we decline to interfere in the finding recorded by the authorities below and the appeal is hereby dismissed.

Summary

Issues:
1. Interpretation of relevant clauses of the scheme and subsidies.
2. Disallowance of lease rental paid for plant and machinery.
3. Disallowance of lease rental paid to companies with substantial interest.
4. Allowability of contribution to molasses reserve fund.
5. Addition made on account of under billing in free sale of sugar.

Interpretation of relevant clauses of the scheme and subsidies:
The appeal under Section 260-A of the Income Tax Act was filed challenging the judgment and order of the Income Tax Appellate Tribunal related to the assessment year 1995-96. The main question of law raised was whether the Tribunal was justified in directing the Assessing Officer to examine the relevant clauses of the scheme and facts regarding alleged subsidies to allow the claim of the assessee. The Tribunal's decision was based on a previous case, and the similarity of facts was questioned. The Court examined the facts and declined to interfere in the concurrent findings of the lower authorities, ultimately dismissing the appeal in favor of the assessee against the Revenue.

Disallowance of lease rental paid for plant and machinery:
The Tribunal confirmed the order of the Commissioner of Income Tax (Appeals) in deleting the disallowance of lease rental paid for plant and machinery taken on hire. The assessing officer had disallowed the amount, considering the transactions as financial arrangements given the color of sale and lease-back transactions. However, the CIT(A) held that the payments were not justifiable based on newspaper quotations alone and deleted the addition. The Court upheld the decision of the lower authorities, emphasizing that the assessing officer's addition based solely on newspaper quotations was not justified.

Disallowance of lease rental paid to companies with substantial interest:
Similarly, the Tribunal confirmed the order of the CIT(A) in deleting the disallowance of lease rental paid to various companies, including those with substantial interest in the assessee's companies, without any physical transfer of machinery. The Court found that the AO's addition based on newspaper quotations was not sufficient grounds for disallowance, and the CIT(A)'s decision was upheld. The Court declined to interfere with the concurrent findings of the lower authorities.

Allowability of contribution to molasses reserve fund:
The Tribunal held that the contribution by the assessee to the molasses reserve fund was allowable as a statutory liability. The Court agreed with this decision, finding that the contribution was a statutory obligation of the assessee, and therefore, upheld the Tribunal's ruling.

Addition made on account of under billing in free sale of sugar:
The assessing authority made an addition on account of under billing in the free sale of sugar based on newspaper reports indicating discrepancies in pricing. However, the CIT(A) found that the newspaper quotations were not sufficient evidence for such additions and deleted the amount. The Tribunal upheld this decision, leading to the Court declining to interfere with the concurrent findings of fact. Consequently, the appeal was dismissed in favor of the assessee against the Revenue.