Shree Pandurang Sahakari Sakhar Karkhana Ltd, Solapur V. Assistant Commissioner of Income tax, Solapur

ITA 1009/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6043 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 21-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VISHWAS MUNDHE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 1009 /PUN/201 7 / ASSESSMENT YEAR : 20 1 3 - 14 SHREE PANDURANG SAHAKARI SAKHAR KARKHANA LTD., A/P. - SHREEPUR, TAL. - MALSHIRAS, DISTT. - SOLAPUR PAN : AAATS5264J ....... / APPELLANT / V/S. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, SOLAPUR / RESPONDENT ASSESSEE BY : SHRI PRATIK SANDBHOR REVENUE BY : SHRI VISHWAS MUNDHE / DATE OF HEARING : 1 9 - 07 - 2019 / DATE OF PRONOUNCEMENT : 01 - 0 8 - 2019 / ORDER PER VIKAS AWASTHY, JM : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 7, PUNE DATED 11 - 11 - 2016 FOR THE ASSESSMENT YEAR 2013 - 14. 2 ITA NO . 1009/PUN/2017, A.Y. 2013 - 14 2. SHRI PRATIK SANDBHOR APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS ENGAGED IN MANUFACTURIN G OF WHITE SUGAR. THE LD. AR SUBMITTED THAT THE SOLITARY ISSUE RAISED IN THE APPEAL BY THE ASSESSEE IS AGAINST THE ADDITION ON ACCOUNT OF PAYMENT OF EXCESS CANE PRICE PAID BY THE ASSESSEE TO THE FARMERS, I.E. THE PRICE OVER AND ABOVE THE STATUTORY MINIMUM PRICE (SMP) FIXED BY STATE GOVERNMENT FOR PURCHASE OF CANE. THE LD. AR SUBMITTED THAT THE ISSUE RAISED IN PRESENT APPEAL BY THE ASSESSEE HAS ALREADY BEEN CONSIDERED AND ADJUDICATED BY THE CO - ORDINATE BENCH OF TRIBUNAL IN BUNCH OF APPEALS WITH THE LEAD CA SE DCIT VS. VASANT RAO DADA PATIL SSK LTD. , ITA NOS.50 TO 52/PUN/2012 FOR THE ASSESSMENT YEARS 1992 - 93, 1994 - 95 & 1996 - 97 , RESPECTIVELY VIDE ORDER DATED 20.03.2019 . THE TRIBUNAL HAS RESTORED THE ISSUE BACK TO THE FILE OF ASSESSING OFFICER FOR DE - NOVO ADJUDICATION. 3. SHRI VISHWAS MUNDHE REPRESENTING THE DEPARTMENT FAIRLY SUBMITTED THAT THE ISSUE OF EXCESS CANE PRICE PAID BY THE ASSESSEE SUGAR FACTORIES TO THE FARMERS HAS BEEN RESTORED BACK TO THE FILE OF ASSESSING OFFICER BY THE TRIBUNA L IN BUNCH OF APPEALS. THEREFORE, THIS ISSUE CAN ALSO BE RESTORED TO THE FILE OF ASSESSING OFFICER WITH SIMILAR DIRECTIONS. 4. BOTH SIDES HEARD. ORDERS OF THE AUTHORITIES BELOW PERUSED. THE ASSESSEE IS A CO - OPERATIVE SOCIETY ENGAGED IN MANUFACTURING OF SUGAR. THE ASSESSEE IS PURCHASING SUGAR CANE FROM ITS MEMBERS AND NON - MEMBERS. THE ASSESSEE HAS MADE PAYMENT FOR PURCHASE OF SUGAR CANE FROM FARMERS AT PRICE HIGHER THAN THE FIXED AND REMUNERATIVE PRICE (FRP ) OF THE GOVERNMENT. THE AUTHORITIES BELOW H AVE DISALLOWED THE DIFFERENCE BETWEEN THE PRICE PAID BY THE ASSESSEE AND FRP FIXED BY THE GOVERNMENT. THE CO - ORDINATE BENCH OF TRIBUNAL IN THE CASE OF DCIT VS. VASANT RAO DADA PATIL 3 ITA NO . 1009/PUN/2017, A.Y. 2013 - 14 SSK LTD. (SUPRA) HAS RESTORED THIS ISSUE BACK TO THE FILE OF ASSESSING OF FICER TO BE DECIDED IN THE LIGHT OF JUDGMENT RENDERED BY HONBLE SUPREME COURT IN THE CASE OF CIT VS. TASGAON TALUKA S.S.K. LTD. REPORTED AS 103 TAXMANN.COM 57 . WE DEEM IT APPROPRIATE TO RESTORE THIS ISSUE BACK TO THE FILE OF ASSESSING OFFICER WITH SIMILA R DIRECTIONS. ACCORDINGLY, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON THURSDAY, THE 01 ST DAY OF AUGUST, 2019. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 01 ST AUGUST, 2019 RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 7 , PUNE 4. THE PR. COMMISSIONER OF INCOME TAX - 6, PUNE 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. // // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PUNE