Shree Chhatrapati SSK Ltd, Pune V. Income-tax Officer, Ward - 14(4), Pune

ITA 316/PUN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2125 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 24-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

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 Nos.313 to 316/PUN/2019 निर्धारण वषा / Assessment Years : 2011-12 to 2014-15 Shree Chhatrapati SSK Ltd. A/p Bhavaninagar, Tal. Indapur, Dist. Pune – 413104 PAN: AAAAS3869G Vs. ITO, Ward 14(4), Pune Appellant Respondent आदेश / ORDER PER S.S. GODARA, JM : These assessee‟s four appeals for assessment years 2011-12 to 2014-15 arise against the CIT(A)-7, Pune‟s separate orders; all dated 07-12-2018 passed in case Nos.PN/CIT(A)- 7/Wd.14(4)/10437/2015-16, PN/CIT(A)-7/Wd.14(4)/10439/2015- 16, PN/CIT(A)-7/HQ.6(2)/10674/2016-17 and PN/CIT(A)- 7/Wd.14(4)/10662/2016-17 respectively, in proceedings under Section 143(3) r.w.s. 147 and 143(3) of the Income Tax Act, 1961, in short „the Act‟. Assessee by Shri Hanumant Dhavale Revenue by Shri Saradar Singh Meena Date of hearing 14-07-2022 Date of pronouncement 28-07-2022 ITA Nos.313 to 316/PUN/2019 Shree Chhatrapati SSK Ltd. 2 Heard both the parties. Case files perused. 2. The assessee pleads the following substantive grounds in its “lead” appeal ITA No.313/PUN/2019:- 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.14,03,46,129/- on account of Excess Cane Price paid to members & non members. 2. On the fact and in the circumstances of the case and in law of the learned Commissioner of Income Tax (Appeals)-9, Pune has erred in enhance disallowing and adding back an amount of Rs.51,84,26,454/- on account of Excess Cane Price paid to members & non members. 3. On the fact and in the circumstances of the case and in law of the learned Commissioner of Income Tax (Appeals)-9, Pune has erred in disallowing and adding back an amount of Rs.1,42,43,380/- on account of Sale of sugar at concessional rate. 3. Mr. Jasanani vehemently supported the learned lower authorities action on both counts i.e. assessee‟s payment of excess cane price and sale of sugar at concessional rate (both to members) disallowed in both the lower proceedings. He fails to dispute that the former twin issues of excess cane price payment as well as sugar at concessional rate are 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 ITA Nos.313 to 316/PUN/2019 Shree Chhatrapati SSK Ltd. 3 Limited vs. ITO‟s order dated 21.40.2021 has set aside the concerned assessee‟s substantive grounds back to the assessing authority for its afresh appropriate adjudication as per law. Ordered accordingly. 4. Same order to follow in assessee‟s latter three appeals ITA Nos.314 to 316/PUN/2019 raising the very twin issues. Ordered accordingly. 5. These assessee‟s four appeals are allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the Open Court on 28 th July, 2022. Sd/- Sd/- (DIPAK P. RIPOTE) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER प ु णे Pune; ददिधांक Dated : 28 th July, 2022 GCVSR ITA Nos.313 to 316/PUN/2019 Shree Chhatrapati 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 14-07-2022 Sr.PS 2. Draft placed before author 26-07-2022 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.