Bhima Shakari Sakhar Karkhana Ltd, Solapur V. Deputy Commissioner of Income-tax, Circle - 14, Pune

ITA 1782/PUN/2018

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 1181 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 19-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA No.1782/PUN/2018 निर्धारण वषा / Assessment Year : 2015-16 Bhima Sahakari Sakhar Kharkhana Ltd., A/p Takli-Sikandar, Tal. Mohol, Dist. Solapur - 413248 PAN: AAAAB0872C Vs. DCIT, Circle-14, Pune Appellant Respondent आदेश / ORDER PER S.S. GODARA, JM : This assessee‟s appeal for AY 2015-16 arises against the CIT(A)-7, Pune‟s order dated 05-09-2017 passed in case No. PN/CIT(A)-7/Cir-1/10274/2017-18, in proceedings under Section 143(3) of the Income Tax Act, 1961, in short „the Act‟. Heard both the parties. Case file perused. 2. The assessee pleads the following substantive grounds in its appeal:- Assessee by Shri Hanmant Dhavle Revenue by Shri M.G. Jasnani Date of hearing 18-07-2022 Date of pronouncement 01-08-2022 ITA No.1782/PUN/2018 Bhima SSK Ltd. 2 1. On the fact and in the circumstances of the case and in law of the learned Commissioner of Income Tax (Appeals)-7, Pune has erred in disallowing and adding back an amount of Rs.84,89,382/- on account of Sale of sugar at concessional rate. 2. On the fact and in the circumstances of the case and in law of the learned Commissioner of Income Tax (Appeals)-7, Pune has erred in disallowing and adding back an amount of Rs.6,70,618/- on account of Travelling Expenses Rs.5,59,833/- on account of Other repairs & maintenance Rs.12,36,781/- on account of Celebration Expenses Rs.19,58,029/- on account of Other Expenses Rs.20,99,152/- on account of Factory other Expenses Rs.11,91,870/- on account of Advertisement Expenses Rs.10,97,830/- on account of Printing & Stationery Expenses Total Expenses of Rs.88,17,118 @ 15% Rs.13,22,118/- disallowance 3. Mr. Jasnani vehemently supported the learned lower authorities action on assessee‟s sale of sugar at concessional rate (both to members) disallowed in the lower proceedings. He fails to dispute that the sale of sugar at concessional rate is no more res integra as the tribunal‟s various co-ordinate benches, and more particularly ITA No.68/PUN/2018 in The Malegaon Sahakari Sakhar Karkhana Limited vs. ITO‟s order dated 21.40.2021 has set aside the concerned assessee‟s substantive ground back to the assessing authority for its afresh appropriate adjudication as per law. Ordered accordingly. ITA No.1782/PUN/2018 Bhima SSK Ltd. 3 4. Coming to assessee‟s second substantive grievance involving various estimated disallowances made by the Assessing Officer and the CIT(A) @ 15%, it emerges that neither this taxpayer could file and prove all necessary evidence nor there is any justification on learned lower authorities part, accordingly rejected 15% thereof. Faced with this situation, we ourselves estimate all these heads / disallowances @ 5% with a rider that the same shall not be treated as a precedent. Ordered accordingly. 5. This assessee‟s appeal is partly allowed in above terms. Order pronounced in the Open Court on 1 st August, 2022. Sd/- Sd/- (DIPAK P. RIPOTE) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER प ु णे Pune; ददिधांक Dated : 1 st August, 2022 GCVSR ITA No.1782/PUN/2018 Bhima SSK Ltd. 4 आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The CIT(A)-7, Pune 4. 5. The Pr.CIT-6, Pune विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 6. गार्ड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 19-07-2022 Sr.PS 2. Draft placed before author 28-07-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.