2005 (4) TMI 63 - SC - Income Tax

Supreme Court directs Tribunal review on income impact, pricing structures in advances case.

COMMISSIONER OF C. EX., NEW DELHI Versus HERO HONDA MOTORS LTD.

The Supreme Court set aside the Tribunal's order in a case concerning the impact of advances and related income on pricing structures. The Court directed ... Whether receipt of advance and the income accruing thereon has gone towards depreciation of the sale price? Held that:- According to the adjudicating authority, the said 'Other Income' had contributed to the pricing. That, but for the said 'Other Income', it was not possible for the company to sell the motorcycles at a price lower than the unit cost of production. Lastly, the adjudicating authority found on facts that since interest paid at 9% to the customers was indicated as an expense, the income on the investments from the advances was includible in the assessable value. This aspect has also not been considered by the Tribunal. For the above reasons, we hold that the Tribunal has disposed of the appeal before it in a most perfunctory manner without going into any figures at all but by merely on the statement made by Counsel and on the basis of material which appears to have been produced first time before the Tribunal. We, therefore, set aside the order of the Tribunal and remand the matter back to the Tribunal to consider in detail by taking the help of a Cost Accountant. Issues:Determining if the receipt of advance and the income accruing thereon has affected the depreciation of the sale price.Analysis:The main issue in this case revolved around whether the receipt of advance and the income generated from it impacted the depreciation of the sale price. The adjudicating authority examined various evidence, including financial accounts, MIS reports, pricing, and costing details, to establish that the advances received were not merely for security but for capital collection. It was noted that interest paid to customers was treated as a cost of production, while the interest earned on advances was categorized as income from sales and other sources. The authority found that the difference between interest paid to customers and interest earned on advances constituted additional consideration flowing back from customers to the assessee, impacting the pricing structure. The balance sheet and profit & loss account were scrutinized to reveal the utilization of advances to meet working capital needs, indicating a direct impact on pricing due to the interest differentials.The Supreme Court highlighted discrepancies in the Tribunal's handling of the case, emphasizing a lack of detailed analysis and reliance on new materials presented during the proceedings. Consequently, the Court set aside the Tribunal's order and remanded the matter for a thorough review. The Tribunal was instructed to delve into the accounts to determine if advances were used in working capital, assess the impact of interest earned on working capital, and ascertain whether these factors influenced the motorcycle prices. The Court specified that the Tribunal should base its decision on the existing material before the Commissioner, without admitting additional documents. Furthermore, if the Tribunal finds that additional consideration flowed back to the assessee, it was directed to determine the value of this benefit with the assistance of a Cost Accountant.Regarding the question of limitation, the Court left it open for future consideration in any appeal filed to the Court from the Tribunal's order. The appeal was disposed of accordingly, with the case remitted back to the Tribunal for a detailed assessment based on the existing evidence and without introducing new materials. The judgment underscored the need for a meticulous examination of the financial aspects to determine the impact of advances and related income on pricing structures, emphasizing the role of a Cost Accountant in assessing the value of benefits accruing to the assessee.