Income Tax - Revenue appeal against impugned High Court Order and ITAT order deleting the addition made on account of amount paid to milk supplier treating it as appropriation of profit – HELD – since the amount was paid, may be, at the end of the previous year only to the milk suppliers, which was for the quantity of milk supplied and in terms of the quality supplied and the amount was not paid to all the shareholders and not paid out of the profits ascertained at the Annual General Meeting, both the ITAT as well as the High Court have rightly deleted the addition made by the Assessing Officer - the amount paid to the milk suppliers and also to non-members cannot be said to be appropriation of profit. Therefore, no error has been committed by the High Court – no error in order passed by the ITAT and affirmed by the High Court – Revenue appeal is dismissed

2023-VIL-21-SC-DT

IN THE SUPREME COURT OF INDIA

CIVIL APPEAL NO. 2008 OF 2011

Date: 26.04.2023

THE COMMISSIONER OF INCOME TAX (CENTRAL)

Vs

KOLHAPUR ZILLA SAHKARI DUDH UTPADAK SANGH LTD.

For Appellant(s) Mr. Balbir Singh, A.S.G., Mr. Arijit Prasad, Sr. Adv., Mr. Raj Bahadur Yadav, AOR, Mr. Prashant Singh II, Adv., Mr. Rupesh Kumar, Adv., Mr. Prahlad Singh, Adv.

CORAM

HON'BLE MR. JUSTICE M.R. SHAH

HON'BLE MR. JUSTICE C.T. RAVIKUMAR

ORDER

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 04.04.2009 passed by the High Court of Judicature at Bombay passed in Income Tax Appeal No. 290 of 2006, by which the High Court has dismissed the said Appeal preferred by the Revenue and has confirmed the order passed by the ITAT deleting the addition made by the Assessing Officer, the Revenue has preferred the present Appeal.

2. The Assessing Officer made the addition of Rs.1,55,81,519/- treating the same as appropriation of profit as the same was paid at the end of the previous year. The ITAT, on facts, found that the amount paid was not out of the profits but it was an amount paid to the respective milk suppliers for the quantity of milk supplied and in terms of the quality supplied and, therefore, no addition could have been made treating it as appropriation of profit. The order passed by the ITAT has been affirmed by the High Court by the impugned judgment and order.

3. Having heard Shri Arijit Prasad, learned Senior Advocate, appearing on behalf of the Revenue and having gone through the finding recorded by the ITAT as well as the High Court and that the amount was paid, may be, at the end of the previous year only to the milk suppliers, which was for the quantity of milk supplied and in terms of the quality supplied and the amount was not paid to all the shareholders and not paid out of the profits ascertained at the Annual General Meeting, both the ITAT as well as the High Court have rightly deleted the addition made by the Assessing Officer.

4. In the facts and circumstances of the case, the amount paid to the milk suppliers and also to non-members cannot be said to be appropriation of profit. Therefore, no error has been committed by the High Court. We are in complete agreement with the view taken by the High Court taking into consideration the finding recorded by the ITAT as well as the High Court and the observations made by the High Court in para 14 of the impugned judgment and order. In view of the above and for the reasons stated above, the present Appeal deserves to be dismissed and is, accordingly, dismissed. No costs.

DISCLAIMER: Though all efforts have been made to reproduce the order accurately and correctly however the access, usage and circulation is subject to the condition that publisher is not responsible/liable for any loss or damage caused to anyone due to any mistake/error/omissions.