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2019 (9) TMI 1475 - AT - Income TaxExcess Cane Price Paid to Sugarcane Suppliers - HELD THAT:- In view of the statement made by both the sides that the facts in the present appeal are identical, the 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. [2019 (3) TMI 906 - ITAT PUNE] - AO shall decide the issue after affording reasonable opportunity of being heard to the assessee in accordance with law. Thus, the relevant grounds raised by the assessee on this issue are allowed for statistical purposes. Sale of Sugar at Concessional rates - HELD THAT:- As relying on Majalgaon Sahakari Sakhar Karkhana Ltd. [2019 (3) TMI 906 - ITAT PUNE] in view of the above order by Co-ordinate Bench this issue is restored back to the file of Assessing Officer for de-novo adjudication in similar terms. The Assessing Officer shall grant reasonable opportunity of being heard to the assessee in accordance with law. Thus, the relevant grounds raised by the assessee on this issue are allowed for statistical purposes. C-class membership fee - It is the case of the assessee that the fee received by the assessee constitutes a capital receipt and the same is not taxable - HELD THAT:- After going through the contents we find the AO erroneously assumed that the same, being collected by the assessee, is of revenue nature. Whereas the assessee holds the same is capital nature. Without deciding the nature of the receipt, the ld. CIT(A) confirmed the addition made by the Assessing Officer. The said issue is required to be remitted to the file of the AO for one more round of adjudication. Accordingly, the Assessing Officer is directed to examine the precedents on this issue and conduct of the assessee in treating the same as capital nature in the earlier/later assessment year. Therefore, we are of the opinion that this issue relates to the C-class membership fee is required to be remanded to the file of the Assessing Officer for fresh adjudication.
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