2016 (6) TMI 745 - HC - Income Tax

Excess payments to suppliers disallowed as business expenditure under IT Act | Commercial accounting principles

The court allowed the petition, setting aside the notice for re-opening assessment for AY 2010-11. It held that the excess payment made by the petitioner ... Reopening of assessment - taxability of income of the sugarcane - Held that:- A Division Bench of this Court in the case of Shri Chalthan Vibhag Khand Udylog Mandli Ltd. vs. Deputy Commissioner of Income-Tax, reported in [2015 (7) TMI 297 - GUJARAT HIGH COURT ], had quashed the notice for re-opening which was based on identical reasons, it was held that the difference between the price to be paid to cane growers and the purchase price declared by the Government under sugar Sugar Control Order cannot be said to be by way of distribution of profits. It was held that the Assessing Officer had not carried out any inquiry before coming to a contrary conclusion and that he should not have a reasonable belief for forming the opinion that the income chargeable to tax had escaped the assessment. Also see Shri Narmada Khand Udhyog Sahakari Mandli Ltd. vs. Income Tax Officer [2016 (2) TMI 385 - GUJARAT HIGH COURT ] - Decided in favour of assessee Issues:Challenge to notice for re-opening assessment for AY 2010-11 by Assessing Officer based on excess purchase price of sugarcane over SMP. Interpretation of Section 37(1) of the IT Act regarding deductible expenditure. Taxability of income from sugarcane purchase. Application of commercial principles of accounting and real income theory. Comparison with past judgments regarding taxability of income from sugarcane purchase.Analysis:The petitioner, a sugar co-operative society, contested the notice for re-opening assessment for AY 2010-11 issued by the Assessing Officer, challenging the excess purchase price of sugarcane over the Statutory Minimum Price (SMP) fixed by the government. The Assessing Officer claimed that the petitioner had not followed the system of SMP in payment for sugarcane purchase, using the 'Final Cane Price' method, which led to excess payment. The Assessing Officer argued that this excess payment constituted distribution of profit and could not be considered as a deductible business expenditure under Section 37(1) of the IT Act.The court analyzed the methodology adopted by the petitioner for determining the 'final cane price' and concluded that it violated commercial accounting principles and the real income theory. The court highlighted that the income to be assessed should be the profit of the business before any distribution or application of profit. The court emphasized that the excess payment made by the petitioner to cane suppliers was considered as distribution of profit/application of income and could not be allowed as a business expenditure under Section 37 of the Act.The court referred to past judgments, particularly the case of Shri Chalthan Vibhag Khand Udylog Mandli Ltd. vs. Deputy Commissioner of Income-Tax, where it was held that the difference between the price paid to cane growers and the purchase price declared by the government under the Sugar Control Order did not constitute distribution of profits. The court noted that the Assessing Officer had not conducted a proper inquiry before forming a contrary opinion, leading to the quashing of the notice for re-opening assessment. This decision was consistent with a later judgment in the case of Shri Narmada Khand Udhyog Sahakari Mandli Ltd. vs. Income Tax Officer, where similar issues were addressed, resulting in the setting aside of the impugned notice without the need for separate reasons.In conclusion, the court allowed the petition, setting aside the notice for re-opening assessment, based on the interpretation of Section 37(1) of the IT Act, the taxability of income from sugarcane purchase, and the application of commercial accounting principles, in line with previous judgments on similar matters.