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Deputy Commissioner of Income Vs. Manjara Shetkari Sahakari Sakhar

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)91ITD361(Mum.)

..... referred to earlier as under:- "whether on the facts and in the circumstances of the case, the excess amount of expenditure on sugarcane purchase price as disallowed by the cit(a) constitutes a charge on profits or appropriation of profits?" 3. ..... it can be categorically stated that actual cane prices are not available in maharashtra, particularly for co-operative (sic) as it is of a profit sharing nature (excess over the initial ex-field advance) 93. ..... price which is considered as excess cannot be construed as bonus as per section 65(2) of the maharashtra co-operative societies act. ..... no.ds/2090/finance-4/91-92-advance/91, dated 24^th october 1991, issued by the commissioner of sugar, government of maharashtra, pune-42, in regard to the advance to be given to the concerned farmers for the sugarcane to be supplied to co-operative sugar factories in ..... its own method of determining it.in maharashtra 95% of sugar factories are in the co-operative sector.they are governed by co-operative societies act and bye-laws framed thereunder. ..... the parties on this question, we hold that in view of the prescription of section 65(2) of the maharashtra co-operative societies act and cbdt circular no. ..... , 1973, any portion of the cane price/khodki charges actually paid cannot be disallowed as "bonus" as defined under section 2(4) of the maharashtra co-operative societies act, 1960. ..... registered under the maharashtra co-operative societies act, 1960. ..... section 65(2) of the maharashtra co-operative societies act. .....

Dy. Cit Vs. Manjara Shetkari Sahakari Sakhar Karkhana Ltd.

Court : Mumbai

Reported in : (2004)85TTJ(Mumbai)369

..... and 6 referred to earlier as under :'whether, on the facts and in the circumstances of the case, the excess amount of expenditure on sugarcane purchase price as disallowed by the commissioner (appeals) constitutes a charge on profits or appropriation of profits?'3. ..... this is to be worked out in accordance with the prescription of schedule ii to the 1966 order, it was clarified that in the state of maharashtra there is practice to pay advance at the beginning of the season, and then the cost of transportation and harvesting in the middle of the season and the price is worked out finally at the end of the season, ..... of this it can be categorically stated that actual cane prices are not available in maharashtra, particularly for co-operative (sic) as it is of a profit sharing nature (excess over the initial ex-field advance).93. ..... of sugarcane price which is considered as excess cannot be construed as bonus as per section 65(2) of the maharashtra co-operative societies act. ..... heard both the parties on this question, we hold that in view of the prescription of section 65(2) of the maharashtra co-operative societies act and cbdt circular no. ..... dated 22-8-1973, any portion of the cane price/khodki charges actually paid cannot be disallowed as 'bonus' as defined under section 2(4) of the maharashtra co-operative societies act, 1960.37. ..... assessee societies are registered under the maharashtra, co-operative societies act, 1960. ..... was made to section 65(2) of the maharashtra cooperative societies act. .....

Shri Panzara-kan Sahakari Sakhar Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1983)5ITD449(Pune.)

..... profit even after making out all necessary expenditure or appropriations referred to under section 65 or commercially required, if there is an excess over 12 per cent that can only again be treated as profit for appropriation. ..... invested, as the state government may by general or special order direct, or may, with the previous sanction of the state government, be used in part for some public purpose likely to promote the objects of this act, or for some such purpose of the state, or of local interest : provided that the registrar may, having regard to the financial position of any society or class of societies, fix the contribution to be made ..... the structure of the co-operative societies under the act in the maharashtra state presents a picture of an apex state federal society at the top with district level societies ..... referring to the provisions of the tamil nadu and maharashtra co-operative societies act, it is pointed out that there is no difference between the two, the payment in both the cases being ..... material differences between the tamil nadu and maharashtra co-operative enactments so that a decision given under the former act cannot be applied to the assessee's case ..... the maharashtra co-operative societies act, 1960 ('the societies act'). ..... the provisions of the maharashtra and the tamil nadu co-operative societies acts. ..... of maharashtra under a notification.co-operative societies were to make payments towards the education fund as per the provisions of the societies act. .....

Commissioner of Income Tax Vs. Manjara Shetkari Sahakari Sakhar Karkha ...

Court : Mumbai

Reported in : (2008)214CTR(Bom)662; [2008]301ITR191(Bom)

..... the excess payment of sugarcane price was in the nature of appropriation of profits and the same would be 'bonus' within the meaning of section 2(4) of the maharashtra co-operative societies act, 1960 ('mcs act' for short) and such incentive bonus would not be allowable expenditure. ..... in all these appeals are, firstly, whether section 40a(2) of the act applies to a co-operative society and secondly, whether part of the cane price paid to the sugarcane suppliers and the khodki charges incurred by the assessee could be disallowed on the ground that the said expenditure constitute appropriation of profits bonus under the provisions of mcs act, 1960?regarding question no. 19. ..... price paid by the assessee as per the sap fixed by the state government cannot be said to be excessive or appropriation of profits/bonus and consequently no disallowance could be made in that behalf.24. ..... circumstances of the case cane price/khodki charges paid by the assessee was not bonus within the meaning of 2(4) of the maharashtra co-operative societies act, 1960 and it was allowable as business expenditure?2. ..... part of profits shall be appropriated except with the approval of the annual general meeting and in conformity with the act, rules and bye-laws ..... basis of the price recommended by the assessee after the finalisation of accounts and, therefore, the differential amount between sap and smp being appropriation of profits and in the nature of 'bonus' under section 2(4) of the mcs act is liable to be disallowed. .....

c.i.t Bombay Vs. Tasgaon Taluka s.s.k.ltd.

Court : Supreme Court of India

..... is not correct because it is the society who propose for such additional cane purchase price by way of appropriation of profits 4.2 the assessing officer also did not agree with the submission on behalf of the assessee that the minimum cane price notified by the central government is minimum and not actual cost and therefore any payment in excess of the minimum price should not be treated as an application of income by observing that the statutory minimum ..... 129,108.966 537.700 875.000 50,667.081 537.700 875.000 non-members total 179,776.047 4 3.5 it was noticed that the production of sugar was covered by the essential commodities act, 1955 and the government had issued the sugar cane (control) order, 1966 (hereinafter referred to as the control order, 1966 ), which deals with all aspects of production of sugarcane and sale thereof including ..... however, final price is fixed on the basis of profitability of each units and in the state of maharashtra, entire profit is distributed among growers of the commissionerate of sugar fixes the final prices accordingly, this, however, is done at the specific request of the ..... growers) can be said to be a distribution of profit, as in the price determination under clause 5a of the control order, 1966, there is an element of profit and therefore the price paid to the cane growers determined by the state government is excessive and therefore it is not deductible as expenditure, and is required to be included in the income of the assessee. .....

Indian Organic Chemicals Ltd. Vs. Chemtex Fibres Inc.

Court : Mumbai

Reported in : (1981)83BOMLR406; 1982MhLJ698

..... removed in maharashtra by the impugned act a few suitors such as the plaintiff in the present case are being made to bear an unduly heavy share of the expenditure incurred on administration of justice unrelated to the service required by or furnished to them with the result that the levy has become excessive, grossly ..... of the magnu curta notwithstanding the anglo-indian forensic system and currently free india's court process - should insist on payment of court-fees on such a profiteering scale without correlative expenditure on the administration of civil justice that the levies often smack of sale of justice in the indian republic where equality before the law is a guaranteed constitutional fundamental and the legal ..... said affidavit in- sur-rejoinder also annexes a copy of confidential letter dated november 29, 1975 addressed by the registrar, high court, appellate side, to the secretary, government of maharashtra, law and judiciary department drawing attention to the decision of the supreme court in zenith lamps' case (supra) and specially pointing out that the question of enhancing court-fees ..... was then discussed that it would be appropriate to consider the figures as are found ..... maharashtra the collections are merged in the general revenue and are not set apart or appropriated ..... while levying fees the appropriate legislature is competent to take into account all relevant factors, the value of the subject-matter of the dispute, the various steps necessary in the prosecution of a .....

Hindi Vidya Bhavan Society and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(4)BomCR676

..... the basis for fixation of fees and for this purpose, the government shall also take into account expenses incurred for activities in or conducted by schools to improve quality of education, provision of 3% of the total admissible expenditure for creating a development fund for the school and expenses for employing additional numbers of or better qualified teachers/staff/personnel without being restricted to aided-school norms. ..... case of unaided institutions, the fees to be regulated shall be such as the state government may approve having regard to the usual expenditure excluding any expenditure on lands and buildings or on any such items as the state government may notify for unaided institutions. ..... would be subject to the undertaking which has been tendered by the petitioners to the effect that no amount shall be charged in excess of the aforesaid fee (and the prescribed admission and term fees as noted above) for any reason or under any other head ..... issued directions to the government and its authorities to remain vigilant by taking appropriate steps when a violation of the act was brought to their notice.5. ..... in the state of maharashtra enacted the maharashtra educational institutions (prohibition of capitation fee) act, 1987. ..... on 28th may, 2003, upon the decision of the supreme court ..... on 5th march, 2003, an interim direction was issued by which in accord with the permission granted by the municipal authorities an increase of 10% was allowed for the second year and of 20% in the .....

Yog Advertising and Marketing Services and Others Vs. Municipal Corpor ...

Court : Mumbai

..... now well known: that there is no generic difference now between a tax and a fee; both are compulsary exactions of money by public authorities; merely because collections for the services rendered are not specifically appropriated toward the expenditure in the provision of those services is not in itself decisive; there need only exist a broad correlation, not of mathematical precision, between the levy of a fee and the services rendered; that a fee can legitimately be directed ..... any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired the person to whom the same was granted shall for all purposes of this act, be deemed to be without a licence or written permission until the commissioner s order for suspending or revoking the licence or written permission is cancelled by him or until the licence or written permission is renewed, as the case may be. ..... in our opinion, it would be appropriate, in such a case, to look to the expenditure which the state undergoes for administering the regulation, and if we find that there is a broad correlation between the expenditure and the fees charged, we should sustain the same. 42. ..... (emphasis added) 23.in paragraph 23 of state of maharashtra and ors. ..... according to the petitioners, this shows that the revenue earned, year on year, is far in excess of the expenditure incurred. ..... in 2003-2004, the cost of administering municipal services as rs.5,366.26 crores. .....

Sona Chandi Oal Committee and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR2005SC635; 2005(5)ALLMR(SC)277; 2005(3)BomCR227; (2005)2SCC345

..... act is a social legislation with the intention to protect the debtors from the malpractices in the business the state is performing its duties even though the revenue under the act is not even sufficient to meet the expenditure on the staff performing duties under the act in view of these submissions it cannot be held that the fees are either arbitrary or excessive ..... [1983]3scr843 , it was held that merely because the fees were taken to the consolidated fund of the state and not separately appropriated towards the expenditure for rendering the service by itself was not decisive to determine as to whether it was a fee or a tax. ..... state government has the power to appoint registrar general, registrars and assistant registrars for the purpose of exercising powers and performing duties under the act under section 6 every money lender has to submit an application in the prescribed form to the assistant registrar of the area, within the limits of which he carries on or intends to carry on his business, for the ..... that there are about 5600 money lenders in the state of maharashtra out of which about 2200 money lenders are from bombay and ..... judgment has upheld the validity of provisions of section 9-a of the bombay money lenders act, 1946 (hereinafter referred to as 'the act') as amended by maharashtra act no. ..... second time by maharashtra act no. ..... was made by the maharashtra act no. ..... in the remaining parts of maharashtra about 70 to 75 per cent money lenders ..... supra) and state of maharashtra v. .....

Indian Medical Association, Nandurbar Branch and ors. Vs. State of Mah ...

Court : Mumbai

Reported in : 2002(2)ALLMR517; 2002(3)MhLj895

..... planning board and forwarded to the government with the approval of the management council on or before the last day of december of the year with such recommendations (duly supported by reasons) as are deemed appropriate by the management council and out of the applications recommended by the university, the government may grant permission to such institutions as it may consider right and proper in its absolute discretion, taking into account ..... for starting such institution shall be given to the revenue division/districts where facilities of health science education do not exist,(b) during the pendency of the establishment of the institutions as proposed above the seats from the excess shall be available for the deficit areas to the extent of covering the deficit whereby an equity is achieved at least in terms of providing equal opportunity of admission to the deserving candidates of each region,(c) to ..... letter dated 28-8-2000 confirming that committees which have been appointed by the vice-chancellor in exercise of his power under section 93(4) are duly empowered and authorised to use the appropriate power vested in them under the said maharashtra health universities act, 1998. ..... for this purpose the deficit per capita expenditure will have to be computed towards the number of seats and such institution should be allowed to have suitable intake capacity,(e) the organisations proposing to start the institutions in the tribal and ..... are likely to be released in phases by july 2003.22. .....