VidhiSangh

Supreme Court of India · 05/03/2019

C.I.T. BOMBAY versus TASGAON TALUKA S.S.K. LTD.

[2019] 4 S.C.R. 145 · 2019 INSC 309

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Summary

The Court held that only the profit component of additional sugarcane purchase price paid by cooperative sugar factories constitutes appropriation of profit. The entire difference from the statutory minimum price cannot automatically be disallowed; the assessments were remitted to identify the profit component and allow the balance as expenditure.

Issues

  1. Whether the entire excess of additional sugarcane purchase price over the statutory minimum price constitutes distribution of profit rather than deductible expenditure.

Provisions considered

Held

Result

Appeals disposed of, answering the question partly for each side. High Court, Tribunal, appellate commissioner and assessing officer orders set aside; matters remitted to the respective assessing officers for the specified exercise after hearing the assessees.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 145.