2020 (12) TMI 1068 - AT - Income Tax

Appeal allowed, issues remanded to Assessing Officer for fresh adjudication.

Sahakar Maharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. Versus The Assistant Commissioner of Income Tax

The appeal is allowed for statistical purposes, with all issues remanded to the Assessing Officer (AO) for fresh adjudication. The Tribunal directed the ... Excess sugarcane price paid to the members & non members - HELD THAT:- The issue relating to excess sugarcane price paid by the assessee, the issue is restored to the file of Assessing Officer with similar directions as above in the cases of M/s. Vasant Rao Dada Patil SSK Ltd. [2019 (3) TMI 1637 - ITAT PUNE] and also consider the contentions of assessee with respect to SMP vis-a-vis FRP regime, where ever raised. The Assessing Officer shall decide the issue, after affording reasonable opportunity of hearing to the respective assessees, in accordance with law. Thus, Ground No.1 to 14 relating to the issue of excess cane price paid to members & non members is allowed for statistical purposes in the aforesaid terms. Sale of Sugar at Concessional rate to members - HELD THAT:- Respectfully following the decision KARMAVEER SHANKARRAO KALE SSK LTD. [2019 (9) TMI 1475 - ITAT PUNE]the issue sale of sugar at concessional rate to member is remanded to the file of Assessing Officer for fresh adjudication for the purpose of giving effect to the directions of Hon’ble Apex Court in proper perspective. The Assessing Officer shall grant reasonable opportunity of hearing to the assessee, in accordance with law. Beneficiary Membership Capital & C Class membership capital - HELD THAT:- The issue relates to the C-class membership fee is required to be remanded to the file of the Assessing Officer for fresh adjudication. The Assessing Officer shall grant reasonable opportunity of being heard to the assessee and pass a speaking order. Issues Involved:1. Excess sugarcane price paid to members and non-members.2. Sale of sugar at concessional rate to members.3. Beneficiary membership capital and C-class membership capital.Detailed Analysis:1. Excess Sugarcane Price Paid to Members and Non-Members:The Tribunal, referencing the case of ACIT Vs. Shri Shankar SSK Ltd., examined the issue of excess sugarcane price paid by the assessee. The production of sugar is regulated by the Essential Commodities Act, 1955, and the Sugarcane (Control) Order, 1966, which mandates a statutory minimum price (SMP) for sugarcane. Additionally, Clause 5A of the Order allows for an additional price based on profit-sharing.The Assessing Officer (AO) had disallowed the excess price paid over the SMP and additional price as a distribution of profits, not deductible as expenditure. The Tribunal referenced the Supreme Court ruling in CIT Vs. Tasgaon Taluka S.S.K. Ltd., which clarified that while the SMP is fully deductible, the excess payment under Clause 5A includes a profit component not deductible. The Supreme Court remitted the matter to the AO to determine the deductible expenditure and the profit component.The Tribunal, following this precedent, remitted the issue to the AO to determine the deductible expenditure and profit component, considering the statement of accounts, balance sheet, and other relevant materials. The AO is to allow the deduction for the price under Clause 3 and determine the profit component in the price under Clause 5A. The AO must also apply Section 40A(2) for payments to non-members. The issue is allowed for statistical purposes.2. Sale of Sugar at Concessional Rate to Members:The Tribunal addressed the issue of sugar sold at concessional rates to members, referencing the case of ACIT Vs. Shri Shankar SSK Ltd. The Supreme Court in CIT vs. Krishna SSK Ltd. had remanded the matter to the CIT(A) to determine whether the difference between the market price and concessional price should be added to the total income of the assessee, considering factors such as trade practice, custom, and state government resolutions.The Tribunal found that the CIT(A) failed to comply with the Supreme Court's directions. The Tribunal remanded the issue to the AO for fresh adjudication, directing the AO to consider the practice of selling sugar at concessional rates, the state's policy, and the basis for monthly sales. The AO must grant a reasonable opportunity of hearing to the assessee. The issue is allowed for statistical purposes.3. Beneficiary Membership Capital and C-Class Membership Capital:The Tribunal referenced the case of Karmaveer Shankarrao Kale SSK Ltd. Vs. ACIT, where the issue of C-class membership fee was considered. The Tribunal noted that the fee received by the assessee constitutes a capital receipt and is not taxable. The AO had erroneously assumed it to be of revenue nature.The Tribunal remitted the issue to the AO for fresh adjudication, directing the AO to examine precedents and the conduct of the assessee in treating the fee as capital nature in earlier or later assessment years. The AO must grant a reasonable opportunity of hearing to the assessee and pass a speaking order. The issue is allowed for statistical purposes.Conclusion:The appeal is allowed for statistical purposes, with all issues remanded to the AO for fresh adjudication, following the directions and precedents set by higher judicial authorities. The AO is directed to grant reasonable opportunities of hearing to the assessee and decide the matters in accordance with law.