Supreme Court Rules on Sugarcane Grower Payments: Deductibility Depends on Profit Distribution vs. Income Charge u/s 40A(2.

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....Excess payment of sugarcane growers and Statutory Minimum Price (‘SMP’ ) / Fair and Remunerative Price (‘FRP’) - 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. - AT....