The Sanjivani (Takli) Sahakari Sakhar Karkhana Ltd, Ahmednagar V. Assistant Commissioner of Income tax, Ahmednagar,

MA 110/PUN/2022

AI Insights

The case involves The Sanjivani (Takli) Sahakari Sakhar Kharkhana Ltd., which filed a miscellaneous application under section 254(2) of the Income Tax Act, 1961, seeking recall/rectification of a previous order dated 01.05.2019. This order had restored the issue of the allowability of alleged excess sugarcane price paid to members back to the Assessing Officer for fresh adjudication, in light of the Supreme Court's decision in CIT vs. Tasgaon Taluka S.S.K. Ltd. The Tribunal heard arguments from both parties and decided to allow the Assessing Officer to re-evaluate the entire issue, providing a fair opportunity to the assessee.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137874 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 2 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-02-2023
• Appeal Filed By: Assessee
• Order Result: DismissedDismissed
• Bench Allotted: A
• Next Hearing Date: 16-02-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 28-11-2019
• Other Referred Cases: CIT vs. Tasgaon Taluka S.S.K. Ltd., and others [2019] 103 taxmann.com 57 (SC)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “A” : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI G.D. PADMASHALI, ACCOUNTANT MEMBER M.A.No.110/PUN/2022 Arising out of ITA.No.2852/PUN./2016 - Assessment Year 2012-2013 The Sanjivani (Takli) SahakariSakharKharkhana Ltd., Sahajanandnagar, Shingnapur, Tal. Kopargaon, Dist. Ahmednagar PAN: AAAAT3291R vs. The Asst. Commissioner of Income Tax, Ahmednagar Circle, Ahmednagar (Applicant) (Respondent) For Assessee : Shri Prasanna Joshi For Revenue : Shri M.G. Jasnani Date of Hearing : 17.02.2023 Date of Pronouncement : 17.02.2023 ORDER PER SATBEER SINGH GODARA, J.M. This assessee’s miscellaneous application M.A.No.110/PUN./2022 in its corresponding main appeals ITA.No.2852/PUN./2016 for assessment year 2012-13, filed u/s.254(2) of the of the Income Tax Act, 1961 (in short "the Act"), seeks to recall/rectify our common order dated 01.05.2019 restoring the issue of allowability of the alleged excess sugarcane price paid to members back to the Assessing Officer for his afresh appropriate adjudication in light of CIT 2 MA.No.110/PUN./2022 vs. Tasgaon Taluka S.S.K. Ltd., and others [2019] 103 taxmann.com 57 (SC). Heard both the parties. Case files perused. 2. After having vehemently argued in favour of the assessee’s instant miscellaneous application that we have wrongly followed the hon’ble apex court’s decision in CIT vs. Tasgaon Taluka S.S.K. Ltd., and others [2019] 103 taxmann.com 57 (SC), learned counsel submits that he wishes to raise all the corresponding arguments before the Assessing Officer in consequential proceedings. That being the case, it would be appreciated in case the learned Assessing Officer re- decides the entire issue of reimbursement of alleged excess cane price paid to members as per law afresh after affording adequate opportunity of hearing to the assessee. 3. No other ground or argument has been pressed. 4. This assessee’s miscellaneous application is disposed of in above terms. Order pronounced in the open Court on 17 th February, 2023. Sd/- Sd/- (GD PADMASHALI) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 17 th February, 2023 VBP/- 3 MA.No.110/PUN./2022 Copy of the Order forwarded to : 1. The appellant 2. The respondent 3. Ld. CIT(A) 4. Ld. Pr. CIT 5. DR ITAT Pune-A Bench, Pune 6. Guard File. //BY Order// Assistant Registrar, ITAT, Pune Benches, Pune.