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2019 (8) TMI 1326 - AT - Income TaxAdditional payment on account of cane price under Clause 5A of the Sugar Control Order - HELD THAT:- Issue relating to excess sugarcane price paid by the assessee is restored to the file of Assessing Officer with similar directions as above in the case of Majalgaon Sahakari Sakhar Karkhana Ltd. Vs. ACIT [2019 (3) TMI 906 - ITAT PUNE] . The Assessing Officer shall decide the issue after affording reasonable opportunity of hearing to the respective assessees, in accordance with law. Addition made in the assessment on account of sale of sugar to members and non members - HELD THAT:- It would be just and fair if the impugned orders on this score are set aside and the matter is restored to the file of AOs, instead of to the CITs(A), for fresh consideration as to whether the difference between the average price of sugar sold in the market and that sold to members at concessional rate is appropriation of profit or not, in the light of the directions given by the Hon’ble Supreme Court in the case of Krishna Sahakari Sakhar Karkhana Limited [2012 (11) TMI 669 - SUPREME COURT] Addition made on account of Khodki charges - HELD THAT:- As decided in [2019 (3) TMI 906 - ITAT PUNE] Khodki charges have been held as deductible by the Hon’ble jurisdictional High Court and the recent judgment of Hon’ble Supreme Court in Tasgaon Taluka Sahakari Sakhar Karkhana Ltd. [2019 (3) TMI 321 - SUPREME COURT] does not cover Khodki charges, we hold that this issue needs to be decided in favour of the assessee. Addition made on account of VSI contribution - HELD THAT:- As in respect of the other SSK matters in [2019 (3) TMI 906 - ITAT PUNE] CIT(A) has determined this issue in favour of the assessee. No material has been placed on record to show that this order of the Tribunal has been reversed or modified in any manner by the Hon’ble High Court. Respectfully following the precedent, we decide this issue in favour of the assessee.
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