Deputy Commissioner of Income-tax, Circle - 14, Pune V. M/s. Baramati Taluka Sahakari Dudh Utpadak Sangh Ltd, Pune

ITA 2206/PUN/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0096 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 11 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 21-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER . / ITA NO.2206/PUN/2017 / ASSESSMENT YEAR : 2012-13 DCIT, CIRCLE-14, PUNE VS. M/S. BARAMATI TALUKA SAHAKARI DUDH UTPADAK SANGH LTD., BARAMATI, PUNE 413 102 PAN : AACAT1943N (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER D ATED 10.01.2017 PASSED BY THE COMMISSIONER OF INCOME-TAX (AP PEALS)-7, PUNE IN RELATION TO THE ASSESSMENT YEAR 2012-13. 2. THE ONLY ISSUE RAISED BY THE REVENUE IN ITS APPEAL IS AGA INST THE DELETION OF ADDITION ON ACCOUNT OF RATE DIFFERENCE TOWARDS PURCHASE PRICE OF MILK MADE BY THE AO. APPELLANT BY MS. BRINDHA RESPONDENT BY SHRI PRAMOD SHINGTE DATE OF HEARING 20-09-2019 DATE OF PRONOUNCEMENT 20-09-2019 ITA NO.2206/PUN/2017 M/S. BARAMATI TALUKA SAHAKARI DUDH UTPADAK SANGH LTD., 2 3. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE ASSE SSEE IS A FEDERAL COOPERATIVE SOCIETY ENGAGED IN THE BUSINESS OF PROC ESSING OF COW MILK PROCURED FROM MEMBERS, PRIMARY MILK CO-OP. SOCIETIES, STANDARDIZATION AND PASTEURIZATION OF MILK, PROCESSING OF TONED MILK AND CARRYING MILK TO MUMBAI, PUNE ETC. FOR SALE TO CONSUMERS . THE ASSESSING OFFICER (AO) OBSERVED THAT A SUM OF RS.2,10,0 0,404/- WAS CLAIMED AS DEDUCTION TOWARDS MARKET RATE DIFFERENCE PAYABLE TO PRIMARY MILK SOCIETIES ON PROCUREMENT OF MILK. ACCEPTING IN PARA 7 THAT SUCH ISSUE HAS BEEN DECIDED BY THE HONBLE BOMBAY HIG H COURT IN FAVOUR OF THE ASSESSEE, THE AO STILL WENT AHEAD IN MAKING THE ADDITION BY OBSERVING THAT THE DEPARTMENT HAS NOT ACCEPTED THE DECISION OF THE HONBLE BOMBAY HIGH COURT AND A SPECIAL LEA VE PETITION HAS BEEN FILED BEFORE THE HONBLE SUPREME COURT. TH E LD. CIT(A), OVERTURNED THE ASSESSMENT ORDER ON THIS POINT. 4. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE RELE VANT MATERIAL ON RECORD. IT IS SEEN THAT THE ISSUE IN QUESTION HAS NOT ONLY BEEN DECIDED BY THE TRIBUNAL IN THE ASSESSEES FAVOUR IN ITS OWN CASE FOR THE EARLIER YEARS BUT THE HONBLE BOMBAY HIGH COU RT HAS ALSO HELD SUCH ISSUE IN FAVOUR OF THE ASSESSEE AS HAS BE EN RECORDED BY THE AO HIMSELF. NOTHING HAS BEEN BROUGHT TO OUR NOTICE TO ITA NO.2206/PUN/2017 M/S. BARAMATI TALUKA SAHAKARI DUDH UTPADAK SANGH LTD., 3 DEMONSTRATE THAT THE HONBLE SUPREME COURT HAS MODIFIED/REVER SED THE DECISION OF HONBLE BOMBAY HIGH COURT ON THIS ISSUE. RESPECTFULLY FOLLOWING THE PRECEDENT, WE UPHOLD THE IMPUGNED ORDER. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH SEPTEMBER, 2019. SD/- SD/- (S.S. VISWANETHRA RAVI) (R.S.SY AL) JUDICIAL MEMBER VICE P RESIDENT PUNE; DATED : 20 TH SEPTEMBER, 2019 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-7, PUNE 4. 5. 6. THE PR. CIT(A)-6, PUNE , , B / DR B, ITAT, PUNE; / GUARD FILE. / BY ORDER, // TRUE COPY // SENIOR P RIVATE SECRETARY , / ITAT, PUNE ITA NO.2206/PUN/2017 M/S. BARAMATI TALUKA SAHAKARI DUDH UTPADAK SANGH LTD., 4 DATE 1. DRAFT DICTATED ON 20-09-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 20-09-2019 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. *