2022 (1) TMI 1096 - AT - Income Tax

Excess payment of sugarcane growers and Statutory Minimum Price ( SMP ) / Fair and Remunerative Price ( FRP ) - Disallowance on account of portion of cane price in excess of Fair Rate Price ( FRP) - HELD THAT - We find that on identical issue and on similar set of fact in SHREE KHEDUT SAHAKARI KHAND UDYOG MANDLI LTD. VERSUS INCOME TAX OFFICER, WARD-1, BARDOLI 2019 (8) TMI 1047 - ITAT SURAT considering the decision of Hon ble Supreme Court in the case of CIT vs. Tasgaon Taluka S.S.K. Ltd., 2019 (3) TMI 321 - SUPREME COURT wherein set-aside the impugned orders on this score and remit the matter to the file of the AO for deciding it afresh as per law in consonance with the articulation of law by the Hon ble Supreme Court in the afore noted judgment. AO would allow deduction for the price paid under clause 3 of the Sugar Cane (Control) Order,1966 and then determine the component of distribution of profit embedded in the price paid under clause 5A, by considering the statement of accounts, balance sheet and other relevant material supplied to the State Government for the purpose of deciding/fixing the final price/additional purchase price/SAP under this clause. The amount relatable to the profit component or sharing of profit/distribution of profit paid by the assessee, which would be appropriation of income, will not be allowed as deduction, while the remaining amount, being a charge against the income, will be considered as deductible expenditure. At this stage, it is made clear that the distribution of profits can only be qua the payments made to the members. In so far as the non-members are concerned, the case will be considered afresh by the AO by applying the provisions of section 40A(2) of the Act, as has been held by the Hon ble Supreme Court supra. Thus the grounds of appeal raised by assessee are restored back to the file of Assessing Officer to decide the issue afresh in accordance with law to follow the decision of coordinate Bench of this Tribunal in the case of Shree Khedut Sahakarai Khand Udyog Mandli Ltd. vs. Income Tax Officer, (supra).

Issues Involved:
1. Disallowance of excess cane price paid to sugarcane growers.
2. Jurisdiction and validity of the Assessing Officer's actions.
3. Applicability of Section 37(1) of the Income Tax Act.
4. Determination of Fair and Remunerative Price (FRP) and Statutory Minimum Price (SMP).
5. Consistency with past assessments and appellate decisions.
6. Commercial expediency and contractual obligations under the Sale of Goods Act, 1930.
7. Comparison with other cooperative sugar societies' cane prices.
8. Consideration of the Supreme Court's decision in CIT vs. Tasgaon Taluka S.S.K. Ltd.

Detailed Analysis:

1. Disallowance of Excess Cane Price Paid to Sugarcane Growers:
The primary issue revolves around the disallowance of ?68,22,37,290/- from the total cane price paid by the assessee to sugarcane growers. The Assessing Officer (AO) made this disallowance on the grounds that the price paid exceeded the Fair and Remunerative Price (FRP) and was thus deemed an inflated price amounting to the diversion of profit. The assessee contended that the price was fixed with the approval of the State Government and was justified as a business expenditure. The Tribunal noted that the issue was covered by the decision in Shree Khedut Sahakari Khand Udyog Mandli Ltd, which followed the Supreme Court's ruling in CIT vs. Tasgaon Taluka S.S.K. Ltd. The matter was remitted back to the AO to determine the profit component embedded in the price paid under Clause 5A of the Sugar Cane (Control) Order, 1966.

2. Jurisdiction and Validity of the Assessing Officer's Actions:
The assessee argued that the AO's disallowance was without jurisdiction, arbitrary, and perverse. The Tribunal, however, did not specifically address the jurisdictional challenge but focused on the necessity of the AO to follow the Supreme Court's guidance in determining the allowable deduction.

3. Applicability of Section 37(1) of the Income Tax Act:
Both the AO and the Commissioner of Income Tax (Appeals) [CIT(A)] held that the excess cane price was not allowable under Section 37(1) as it amounted to a diversion of profit. The Tribunal directed the AO to reassess the deduction by distinguishing between the deductible expenditure and the profit component, as per the Supreme Court's ruling.

4. Determination of Fair and Remunerative Price (FRP) and Statutory Minimum Price (SMP):
The Tribunal noted that the AO should allow the deduction for the price paid under Clause 3 of the Sugar Cane (Control) Order, 1966, and then determine the component of distribution of profit embedded in the price paid under Clause 5A. This exercise involves considering the statement of accounts, balance sheet, and other relevant material supplied to the State Government.

5. Consistency with Past Assessments and Appellate Decisions:
The assessee highlighted that in past assessment years, similar prices were allowed by various AOs or appellate authorities. The Tribunal emphasized the need for consistency and directed the AO to follow the Supreme Court's decision in Tasgaon Taluka S.S.K. Ltd., ensuring that the same principles are applied uniformly.

6. Commercial Expediency and Contractual Obligations under the Sale of Goods Act, 1930:
The assessee argued that the price was contractually fixed as permitted by Section 9 of the Sale of Goods Act, 1930, and was made out of commercial expediency. The Tribunal's direction to the AO to reassess the deduction implicitly acknowledges the need to consider commercial expediency in determining allowable business expenditure.

7. Comparison with Other Cooperative Sugar Societies' Cane Prices:
The assessee pointed out that other cooperative sugar societies in different states paid comparable cane prices, which were allowed as business expenditure under Section 37(1). The Tribunal did not specifically address this comparison but directed the AO to reassess the deduction in line with the Supreme Court's decision.

8. Consideration of the Supreme Court's Decision in CIT vs. Tasgaon Taluka S.S.K. Ltd.:
The Tribunal extensively referred to the Supreme Court's decision in CIT vs. Tasgaon Taluka S.S.K. Ltd., which provided the framework for determining the allowable deduction. The Supreme Court had ruled that only the profit component in the additional purchase price should be disallowed, and the AO was directed to carry out this exercise by examining the accounts and other relevant materials.

Conclusion:
The Tribunal allowed the assessee's appeals for statistical purposes and remitted the matter back to the AO for fresh adjudication in accordance with the Supreme Court's decision in CIT vs. Tasgaon Taluka S.S.K. Ltd. The AO was instructed to distinguish between the deductible expenditure and the profit component in the cane price paid, ensuring fair and reasonable opportunities of hearing to the assessee. The Revenue's cross-appeals were dismissed as infructuous.

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