2021 (5) TMI 760 - AT - Income Tax

Excessive sugarcane price paid to members as well as non-members of the respective assessees - Review petition - HELD THAT - Review petition has been filed before the Hon'ble Supreme Court against the judgment in the case of CIT Vs Tasgaon SSK Ltd. 2019 (3) TMI 321 - SUPREME COURT which is still pending and hence the decision thereon should be awaited, is of no consequence. Hundreds of orders have been passed by the Tribunal on this issue following the final judgment of the Hon'ble Supreme Court in the case of CIT Vs Tasgaon SSK Ltd. (supra). Mere filing of Review petition does not obliterate the ratio laid down in the judgment under review. It is only when an order on review is passed that the ratio can undergo change subject to the outcome of the review order. Till then, the ratio of the decision operates with force and remains binding on all the subordinate courts in the country. Since the issue under consideration is admittedly fully and directly covered by the judgment of the Hon'ble Supreme Court in the case of CIT Vs Tasgaon SSK Ltd. (supra), we are disinclined to accept the argument of the ld. AR. All the appeals are allowed for statistical purposes.

Issues:
- Excessive cane price paid to Members/Non-Members
- Deduction for payment of excessive price for purchase of sugarcane
- Applicability of recent judgment of Hon’ble Supreme Court in CIT Vs Tasgaon SSK Ltd. (2019) 412 ITR 420 (SC)
- Remittance of the matter to the file of the respective A.Os. for deciding afresh

Excessive Cane Price Paid to Members/Non-Members:
The appeals revolve around the confirmation of addition on account of excessive cane price paid to the Members/Non-Members. The Tribunal considered similar issues in a batch of appeals and noted that the excessive price paid was deemed as 'distribution of profits' and hence not deductible. The Hon’ble Supreme Court judgment in CIT Vs Tasgaon SSK Ltd. clarified the issue, emphasizing the determination of profit component in the price paid under clause 5A of the Control Order, 1966. The Tribunal, following the Supreme Court precedent, remitted the matter to the respective A.Os. for fresh consideration, allowing deduction for the price paid under clause 3 of the Control Order, while segregating the profit component for members and non-members.

Applicability of Recent Judgment of Hon’ble Supreme Court:
The Tribunal unanimously agreed that the issue of deduction for excessive sugarcane price payment is covered by the recent judgment of the Hon’ble Supreme Court in CIT Vs Tasgaon SSK Ltd. The Supreme Court directed the A.Os. to determine the profit component embedded in the price paid under clause 5A, considering relevant financial statements and material supplied to the State Government. The judgment emphasized that the distribution of profits applies only to payments made to members, while non-members' cases are to be reconsidered under section 40A(2) of the Act. The Tribunal, respecting the Supreme Court's decision, remitted the matter for fresh assessment in line with the articulated legal principles.

Remittance of the Matter for Fresh Assessment:
Given the similarity of facts with previously decided cases, the Tribunal set aside the impugned orders and remitted the matter to the A.Os. for deciding the controversy in accordance with the Tribunal's view and the Supreme Court judgment. The Tribunal dismissed the argument of awaiting the decision on the pending Review petition, emphasizing that the Supreme Court's judgment remains binding until a review order alters the ratio. Consequently, all appeals were allowed for statistical purposes, maintaining the applicability of the Supreme Court's ruling in similar cases.

This detailed analysis of the judgment highlights the issues of excessive cane price, the impact of the recent Supreme Court judgment, and the procedural aspects of remitting the matter for fresh assessment in compliance with legal principles and precedents.

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