Loknete Baburao Patil SSK Ltd., Solapur V. Deputy Commissioner of Income-tax,

ITA 2445/PUN/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6926 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 17-10-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANJEEV GHEI
• Assessee Lawyers: PRASANN A L JOSHI
• Keywords: Set aside
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / ITA NO. 2445 /P U N/201 6 / ASSESSMENT YEAR : 20 0 8 - 0 9 LOKNETE BABURAO PATIL SSK LTD., LAXMINAGAR, A/P ANGAR, TAL. MOHOL, DIST. SOLAPUR 413214 . / APPELLANT PAN: AAACL6834E VS. THE DY. COMMISSIONER OF INCOME TAX, CIRCL E - 1, SOLAPUR . / RESPONDENT / APPELLANT BY : SHRI PRASANNA L. JOSHI / RESPONDENT BY : SHRI SANJEEV GHEI / DATE OF HEARING : 2 8 . 0 3 .201 9 / DATE OF PRONOUNCE MENT: 02 . 0 5 .201 9 / ORDER PER SUSHMA CHOWLA, J M : THE APPEAL FILED BY ASSESSEE IS AGAINST ORDER OF CIT (A) - 7 , PUNE , DATED 15 . 07 .201 6 RELATING TO ASSESSMENT YEAR 20 0 8 - 0 9 AGAINST ORDER PASSED UNDER SECTION 143(3) OF THE INCOME - TAX ACT , 1961 (IN SH ORT THE ACT) . 2. THE ISSUE RAISED IN GROUND OF APPEAL NO. A IS IN RESPECT OF EXCESS CANE PRICE. 3. WE FIND THAT THE SAID ISSUE IS SQUARELY COVERED BY ORDER OF TRIBUNAL IN BUNCH OF APPEALS WITH LEAD ORDER IN THE CASE OF SIDDHESHWAR SAHAKARI SAKHAR KARK HANA LTD. VS. DCIT IN ITA NO.1210/PUN/1997, RELATING TO ASSESSMENT YEAR 1992 - 93, ORDER DATED 01.05.2019 . THE TRIBUNAL HAS SET ASIDE THE ISSUE OF ITA NO. 2445 /P U N/20 1 6 LOKNETE BABURAO PATIL SSK LTD. 2 EXCESS CANE PRICE TO THE FILE OF ASSESSING OFFICER TO FOLLOW THE GUIDELINES ISSUED BY THE APEX COURT IN CIT VS . TASGAON TALUKA S.S.K. LTD. AND OTHERS IN CIVIL APPEAL NO.8890 OF 2012, JUDGMENT DATED 05.03.2019 . FOLLOWING THE SAME PARITY OF REASONING, THIS ISSUE IS SET ASIDE TO THE FILE OF ASSESSING OFFICER. THUS, THE GROUND OF APPEAL NO.A IS ALLOWED. 4 . THE GR OUND OF APPEAL NO. B IS NOT PRESSED BY THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE , HENCE THE SAME IS DISMISSED AS NOT PRESSED. THE GROUNDS OF APPEAL RAISED BY ASSESSEE ARE THUS, PARTLY ALLOWED. 5 . IN THE RESULT, THE APPEAL OF ASSESSEE IS PARTLY ALLOWED AS INDICATED ABOVE. ORDER PRONOUNCED ON THIS 2 ND DAY OF MAY , 201 9 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDI CIAL MEMBER / PUNE ; DATED : 2 ND MAY , 201 9 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - 7 , PUNE ; 4. THE PR. CIT - 6 , PUNE ; 5. 6. , , / DR A , ITAT, PUNE ; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE