DCIT v. Shri Satpuda Tapi Parisar S.S.K. Ltd.

326 ITR 402Supreme Court of India2010#782 most cited

What is DCIT v. Shri Satpuda Tapi Parisar S.S.K. Ltd. authority for?

Excessive price paid for sugarcane, when it represents a distribution of profits, is not deductible as business expenditure under Section 37(1) of the Income-tax Act, 1961.

131

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2023.

Also referred to as

DCIT v. Shri Satpuda Tapi Parisar S.S.K. Ltd. · Section 37(1) · excessive cane price · distribution of profits · business expenditure · deductibility · disallowance of expense · sugarcane purchase price · Supreme Court

Judgments citing DCIT v. Shri Satpuda Tapi Parisar S.S.K. Ltd.

PADMASHRI DR. D. Y. PATIL SAHAKARI SAKHAR KARKHANA LTD.,KOLHAPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLHAPUR

Appeals are allowed for statistical purposes in above terms

ITA 338/PUN/2023[2016-17]Status: DisposedITAT Pune15 May 2023AY 2016-17

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri M.K. KulkaraniFor Respondent: Shri Sardar Singh Meena
Section 143(3)Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act’). Relying on the judgment of Hon’ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits’ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members at Rs.22,02,95,387/- and made addition for the said sum. The ld. CIT(A) echoed the assessment order on this point. 4 ITA.No.337/PUN./2023…

PADMASHRI DR. D. Y. PATIL SAHAKARI SAKHAR KARKHANA LTD.,KOLHAPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOLHAPUR

Appeals are allowed for statistical purposes in above terms

ITA 337/PUN/2023[2017-18]Status: DisposedITAT Pune15 May 2023AY 2017-18

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri M.K. KulkaraniFor Respondent: Shri Sardar Singh Meena
Section 143(3)Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act’). Relying on the judgment of Hon’ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits’ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members at Rs.22,02,95,387/- and made addition for the said sum. The ld. CIT(A) echoed the assessment order on this point. 4 ITA.No.337/PUN./2023…

SHREE SOMESHWAR SSK LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

Appeal is allowed for statistical purposes in above terms

ITA 390/PUN/2018[2013-14]Status: DisposedITAT Pune15 May 2023AY 2013-14

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri Prasanna JoshiFor Respondent: Shri Sardar Singh Meena
Section 143(3)Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act’). Relying on the judgment of Hon’ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits’ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members at Rs.22,02,95,387/- and made addition for the said sum. The ld. CIT(A) echoed the assessment order on this point. 4. Facts in all other c…

THE MALEGAON SAHAKARI SAKHAR KARKHANA LTD,,PUNE vs. INCOME-TAX OFFICER, HQ-(6) (1),, PUNE

In the result, the appeal is partly allowed for statistical

ITA 68/PUN/2018[2013-14]Status: DisposedITAT Pune21 Oct 2021AY 2013-14

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपील सं. / Ita No.68/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14 The Malegaon Sahakari Sakhar Vs. Ito, Hq (6)(1) Karkhana Limited, Pune A/P. Shivnagar, Tal. Baramati, Dist. Pune – 413116 Pan : Aaatt2989L Appellant Respondent

Section 37(1)

…h the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act’). Relying on the judgment of Hon’ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was not deductible. This is how, he computed the excessive cane price paid both to the members and non- members at Rs.89,71,55,742/- and made addition for the said sum. The ld. CIT(A) echoed the assessment order on this point. 4. We have heard the ld. DR and gone through the relevant material on r…

GANPATI ZILLA KRISHI AUDYOGIK SARV SEVA SAHAKARI SOCIETY LTD,,SANGLI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, SANGLI

In the result, all the appeals are allowed for statistical purposes

ITA 582/PUN/2018[2013-14]Status: DisposedITAT Pune24 May 2021AY 2013-14

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपीऱ सं. / Ita Nos.579 To 582/Pun/2018 निर्धारण वषा / Assessment Years : 2010-11 To 2013-14 Shri Ganpati Zilla Krishi Ito, Ward 1(3), Audyogik Sar Seva Sahakari Sangli Vs. Society Ltd., Plot No.350, Vasant Market Yard, Dist. Sangli Pan : Aaaas3624B (Appellant) (Respondent)

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

GANPATI ZILLA KRISHI AUDYOGIK SARV SEVA SAHAKARI SOCIETY LTD,,SANGLI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, SANGLI

In the result, all the appeals are allowed for statistical purposes

ITA 581/PUN/2018[2012-13]Status: DisposedITAT Pune24 May 2021AY 2012-13

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपीऱ सं. / Ita Nos.579 To 582/Pun/2018 निर्धारण वषा / Assessment Years : 2010-11 To 2013-14 Shri Ganpati Zilla Krishi Ito, Ward 1(3), Audyogik Sar Seva Sahakari Sangli Vs. Society Ltd., Plot No.350, Vasant Market Yard, Dist. Sangli Pan : Aaaas3624B (Appellant) (Respondent)

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

GANPATI ZILLA KRISHI AUDYOGIK SARV SEVA SAHAKARI SOCIETY LTD,,SANGLI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, SANGLI

In the result, all the appeals are allowed for statistical purposes

ITA 580/PUN/2018[2011-12]Status: DisposedITAT Pune24 May 2021AY 2011-12

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपीऱ सं. / Ita Nos.579 To 582/Pun/2018 निर्धारण वषा / Assessment Years : 2010-11 To 2013-14 Shri Ganpati Zilla Krishi Ito, Ward 1(3), Audyogik Sar Seva Sahakari Sangli Vs. Society Ltd., Plot No.350, Vasant Market Yard, Dist. Sangli Pan : Aaaas3624B (Appellant) (Respondent)

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

GANPATI ZILLA KRISHI AUDYOGIK SARV SEVA SAHAKARI SOCIETY LTD,,SANGLI vs. INCOME-TAX OFFICER, WARD - 1(3),, SANGLI

In the result, all the appeals are allowed for statistical purposes

ITA 579/PUN/2018[2010-11]Status: DisposedITAT Pune24 May 2021AY 2010-11

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपीऱ सं. / Ita Nos.579 To 582/Pun/2018 निर्धारण वषा / Assessment Years : 2010-11 To 2013-14 Shri Ganpati Zilla Krishi Ito, Ward 1(3), Audyogik Sar Seva Sahakari Sangli Vs. Society Ltd., Plot No.350, Vasant Market Yard, Dist. Sangli Pan : Aaaas3624B (Appellant) (Respondent)

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

SHRI BHOGAWATI SAH. SAKHAR KARKHANA LTD,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, KOLHAPUR

In the result, the appeals of assessees are allowed for statistical purposes

ITA 995/PUN/2017[2013-14]Status: DisposedITAT Pune20 Nov 2019AY 2013-14

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

SHRI BHOGAWATI SAH. SAKHAR KARKHANA LTD,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, KOLHAPUR

In the result, the appeals of assessees are allowed for statistical purposes

ITA 994/PUN/2017[2012-13]Status: DisposedITAT Pune20 Nov 2019AY 2012-13

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

SHRI BHOGAWATI SAH. SAKHAR KARKHANA LTD,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, KOLHAPUR

In the result, the appeals of assessees are allowed for statistical purposes

ITA 993/PUN/2017[2011-12]Status: DisposedITAT Pune20 Nov 2019AY 2011-12

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

SHRI BHOGAWATI SAH. SAKHAR KARKHANA LTD,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, KOLHAPUR

In the result, the appeals of assessees are allowed for statistical purposes

ITA 992/PUN/2017[2010-11]Status: DisposedITAT Pune20 Nov 2019AY 2010-11

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

VISHWASRAO NAIK SAHAKARI SAKHAR KARKHANA LTD,,SANGLI vs. ASSISTANT COMMISSIONER OF INCOME TAX,, SANGLI

In the result, the appeals of assessees are allowed for statistical purposes

ITA 872/PUN/2017[2011-12]Status: DisposedITAT Pune20 Nov 2019AY 2011-12

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

SHRI CHH. SHAHU SAHAKARI SAKHAR KARKHANA LTD,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, KOLHAPUR

In the result, the appeals of assessees are allowed for statistical purposes

ITA 858/PUN/2017[2013-14]Status: DisposedITAT Pune20 Nov 2019AY 2013-14

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

SHRI CHH. SHAHU SAHAKARI SAKHAR KARKHANA LTD,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, KOLHAPUR

In the result, the appeals of assessees are allowed for statistical purposes

ITA 857/PUN/2017[2012-13]Status: DisposedITAT Pune20 Nov 2019AY 2012-13

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

SHRI CHH. SHAHU SAHAKARI SAKHAR KARKHANA LTD,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, KOLHAPUR

In the result, the appeals of assessees are allowed for statistical purposes

ITA 856/PUN/2017[2011-12]Status: DisposedITAT Pune20 Nov 2019AY 2011-12

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

SHRI CHH. SHAHU SAHAKARI SAKHAR KARKHANA LTD,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX,, KOLHAPUR

In the result, the appeals of assessees are allowed for statistical purposes

ITA 855/PUN/2017[2010-11]Status: DisposedITAT Pune20 Nov 2019AY 2010-11

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

JAWAHAR SHETKARI SSK LTD.,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, ICHALKARANJI

In the result, the appeals of assessees are allowed for statistical purposes

ITA 826/PUN/2017[2013-14]Status: DisposedITAT Pune20 Nov 2019AY 2013-14

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

JAWAHAR SHETKARI SSK LTD.,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, ICHALKARANJI

In the result, the appeals of assessees are allowed for statistical purposes

ITA 825/PUN/2017[2012-13]Status: DisposedITAT Pune20 Nov 2019AY 2012-13

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

JAWAHAR SHETKARI SSK LTD.,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, ICHALKARANJI

In the result, the appeals of assessees are allowed for statistical purposes

ITA 824/PUN/2017[2011-12]Status: DisposedITAT Pune20 Nov 2019AY 2011-12

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Ravisl.

Section 37(1)

…with the business and the entire amount was deductible u/s.37(1) of the Income-tax Act, 1961 (hereinafter also called `the Act‟). Relying on the judgment of Hon‟ble Supreme Court in the case of DCIT Vs. Shri Satpuda Tapi Parisar S.S.K. Ltd. and others (2010) 326 ITR 402, the AO opined that the excessive price paid was in the nature of `distribution of profits‟ and hence not deductible. This is how, he computed the excessive cane price paid both to the members and non-members and made addition for the said sum. The ld. CIT(A) in some cases deleted the addition, fully or partly, whilst in others the addition got s…

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