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TMI Blog2013 (9) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... ut we are primarily required to consider whether the said differential payment constitutes an expense or distribution of profits? Ordinarily, we would not have remitted these matters, particularly when they are for Assessment Year 1992-1993, but, for the fact that this issue is going to arise repeatedly in future. It will also help the assessee(s) in a way that they will have to re-write their accounts in future depending upon the outcome of this litigation. Therefore, in the interest of justice, matter remanded back. - Civil Appeal No. 8055 of 2013 (Arisifng out of SLP(C) No. 11499/2010) - - - Dated:- 10-9-2013 - H. L. Dattu And Sudhansu Jyoti Mukhopadhaya,JJ. ORDER 1. Leave granted. 2. This appeal is directed against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct that S.A.P. fixed by the State Government is based on the price recommended by the assessee(s) after finalisation of accounts would not constitute appropriation of profits because appropriation would arise only after the profits are determined and profits can be determined only after all the expenses incurred for the business are deducted from the gross income. On the above contentions, two questions were required to be considered by the Department, which are as follows: "Whether the above-mentioned differential payment made by the assessee(s) to the cane growers after the close of the financial year or after the balance-sheet date would constitute an expenditure under Section 37 of the Income Tax Act, 1961; and whether such differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed these matters, particularly when they are for Assessment Year 1992-1993, but, for the fact that this issue is going to arise repeatedly in future. It will also help the assessee(s) in a way that they will have to re-write their accounts in future depending upon the outcome of this litigation. Therefore, in the interest of justice, we remit these cases to the concerned Commissioner of Income Tax (Appeals). We make it clear that both the parties are given liberty to amend their pleadings before the Commissioner of Income Tax (Appeals) takes up the matter for final hearing. We express no opinion on the merits of the case. The parties are at liberty to argue their respective points uninfluenced by any observations made in the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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